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Colts Ask NFL To Place McNary On Exemption List

Last updated on Thursday, January 15, 2015

(INDIANAPOLIS) - An Indianapolis Colts linebacker is facing felony charges including rape for an incident last month.

The Indianapolis Colts asked NFL Commissioner Goodell to place Colts Linebacker Josh McNary on the commissioner's exemption list Thursday, after he was charged Wednesday with felony counts of rape and criminal confinement and a misdemeanor count of battery resulting in bodily injury. Police say he turned himself in and was processed at the Marion County Jail Wednesday evening.
McNary was released on his own recognizance after processing. He is scheduled to appear in court at 1 p.m. Thursday.

Colts statement:

"After reviewing the documents supporting the very serious criminal charges filed yesterday afternoon against Josh McNary, the Colts have requested Commissioner Goodell to immediately place Josh on the League's Commissioner Exemption list. If the request is granted, Josh will not be eligible to practice or attend games with the Club while designated as Commissioner Exempt. That designation will permit the investigation provided by the League's Personal Conduct Policy to run its course and will afford Josh the opportunity to focus on his defense against the charges. The Colts sincerely hope this extraordinarily serious matter will be resolved expeditiously and that justice will prevail."

The charges are for an incident that was reported Dec. 1, 2014.

Early Thursday, McNary's attorney, Edward Schrager, issued the following statement:

"Joshua McNary unhesitatingly denies all accusations made against him. Following the public release of these allegations, Joshua immediately reported to law enforcement officials in a respectful and peaceful manner. The charges and Affidavit publicly disseminated on Wednesday are not evidence of wrong doing, but simply one side's story. Joshua has full faith 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. Accordingly, Joshua believes that these matters must be addressed and resolved in court pursuant to rules of law rather than in the media. For this reason, no further statements will be made at this time by or on behalf of Joshua."

The Colts released this statement earlier in the day Wednesday:

"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."

According to court documents, the alleged victim went out drinking with friends in downtown Indianapolis on the night of Nov. 30, 2014. She wound up at Tiki Bob's Bar.

The woman showed police Snapchat videos she took that night at the bar, and told investigators that a young African-American man seated at the bar could be the man who assaulted her.

According to the alleged victim, she found herself in a "really nice apartment" later that night with a man she didn't know. Security cameras at the Block Building, where McNary lives, show the Colts player and the woman enter the building at 3:04 a.m.

"They converse momentarily and eventually enter the inside lobby doors. They embrace each other by placing their arms around their bodies," the document reads.

When the man tried to kiss her face and neck, she turned away. The woman said he became more aggressive.

Eventually, she realized she was in a bedroom without her clothes. She said she struggled physically with the man, "scratching" his face and back and he got angry. She says he then raped her.

The woman told police she told him "no" several times. At first, the woman said he refused to allow her to leave. She left the apartment after he got up to go to the bathroom. As she left, she took his cell phone.

Later, police would trace the phone back to McNary.

The woman reported the incident to the police and underwent a sexual assault examination, which revealed injuries to her vagina and ear. She says she never knew who he was that night, only that he was "new to downtown."

According to the probable cause affidavit, the woman had trouble verifying the route she took from the bar to the man's apartment. She also could not identify McNary's photo from an array as the man who assaulted her.

Police traced the cell phone to Josh McNary. When they spoke to him at his apartment, he said, "I know why you're here."

Detectives found bedclothes on the floor of the living room. McNary told police that he'd preserved the sheets for them "because I knew you would be coming."

McNary also pointed to a pile of clothing, saying, "That's her stuff right there." The woman had told police that she believed she'd left some clothing at the man's apartment.

An exam revealed McNary had abrasions and scratches on his neck, abdomen, shoulder and back.

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