Colts' McNary on commissioner's exempt list following rape charge

Steven J. Gaither

Colts' McNary on commissioner's exempt list following rape charge image

Colts linebacker Josh McNary has been placed on the commissioner's exempt list following his arrest on rape and battery charges, the team announced Thursday. 

McNary is not eligible to practice or attend games while on the list, meaning he won't be at Sunday's AFC championship game against the Patriots.

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"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 team said in a statement. "The Colts sincerely hope this extraordinarily serious matter will be resolved expeditiously and that justice will prevail."

McNary is accused of raping a woman last month. He is "unhesitatingly" denying those  allegations .

McNary, 26, was arrested and charged with one count of rape, one count of criminal confinement and one count of battery.

"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," attorney Edward F. Schrager said in a statement published by the Indianapolis Star .  "The charges and affidavit publicly disseminated on Wednesday afternoon are not evidence of wrongdoing, but simply one side's story."

A 29-year-old woman told police a man raped and assaulted her after meeting in a bar during a night of drinking last December. Police tracked a cell phone the woman said she picked up at the home of the man to McNary, who has been with the Colts since 2013.

Court documents state the alleged victim ended up at Tiki Bob’s where she began drinking and conversing with a man. She believes the man she met at the bar was the same man who sexually assaulted her. The two ended up at an apartment and began kissing before she told him she was “very drunk” and needed to rest.

The two relocated to a bedroom, where the victim says she was raped. When the incident was over, she said she picked up a phone as she left the apartment.

Investigators traced the phone to McNary. According to police documents, he was not surprised when police arrived at his residence and informed him of an ongoing investigation. 

"I preserved it for you because I knew you would be coming," McNary told detectives upon their arrival at his Indianapolis apartment.

McNary showed police belongings that his accuser left behind. He was arrested and given a sexual assault exam in which one detective noticed “reddened abrasions and scratches” on his neck, abdomen, shoulder and back, according to the Star.

The exempt list has been used often in recent months, most notably for Vikings running back Adrian Peterson  and Panthers defensive end Greg Hardy as they faced domestic violence allegations. 

 

 

Steven J. Gaither