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Docs: McNary ‘preserved’ clothes, bedding from accused rape

INDIANAPOLIS (WISH) – Rape and battery charges have been filed against an Indianapolis Colts player, according to court records.

According to court documents, charges were filed on Wednesday against Colts linebacker Josh McNary.

McNary faces charges of rape, criminal confinement with bodily injury and battery resulting in personal injury. McNary was in custody at the Marion County Jail Wednesday evening and bonded out sometime overnight.

(Provided Photo/IMPD)

Court documents show the incident happened on Dec. 1, 2014 when McNary forced the victim to submit to sexual intercourse. The documents say that McNary intentionally touched the victim in a “rude, insolent or angry manner,” which resulted in the victim being injured.

Police say they were dispatched to a call around 5:50 a.m. for a woman wanting to report a rape that happened about an hour before the call, according to court documents. The victim told police she was sexually assaulted by an unknown man in an unknown location. The victim told police she was with co-workers when she was at a downtown bar before she later arrived at the unknown man’s apartment.

In the documents, she told investigators the man began kissing her face and neck but that she turned away. She then said he became more aggressive and the two started fighting.

The victim also told police that she was physically assaulted before being sexually assaulted. In the documents, she told investigators that she said “no” and to stop on “multiple occasions.”

She was able to take the man’s cell phone before fleeing the apartment.

Police were able to confirm the phone belonged to McNary. When officers went to McNary’s apartment on North Illinois Street, he told officers he knew why they were there.

According to the court documents, once inside detectives saw bedding near a washer/dryer. McNary told them, “I preserved it for you because I knew you would be coming.” The documents state he then pointed to a pile of clothes and said, “that’s her stuff right there.”

McNary was then taken down to the police station for questioning. After he was read his Miranda rights, he declined to comment.

According to the documents, McNary was then taken to Sidney & Lois Eskenazi Hospital where detectives said scratches were found on his body.

A statement was released about the incident from the Colts.

We are aware that there has been a report about Josh McNary, but unfortunately that’s the limit of our knowledge.  At this time we are very concerned and trying to find out what the relevant facts are, but we have insufficient information  to venture any opinion.  As we learn more we will make appropriate updates.

McNary’s attorney, Ed Schrager, released this statement to the Associated Press:

“The charges and affidavit publicly disseminated on Wednesday afternoon are not evidence of wrong doing but simply one side’s story. Joshua has full and confidence in the American way, including its justice system, which he pledged to protect and defend as a West Point graduate and lieutenant in the United States Army.”

McNary signed with the Colts in 2013. He was the all-time career leader in sacks and tackles for loss while playing for Army, according to the Colts roster.

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