Colts' Josh McNary placed on exempt list after rape charge
The Colts said Thursday they made the request. The NFL notes the new personal conduct policy states a player charged with a violent crime will be placed on the list.
"This action was taken pursuant to the Personal Conduct Policy with the support of the Colts following the filing of formal charges against Mr. McNary by the Prosecuting Attorney of Marion County, Indiana," the NFL said in a statement. "McNary was charged yesterday afternoon with felony counts of rape and criminal confinement, and a misdemeanor count of battery resulting in bodily injury. The Colts have expressed the club's full support for this action."
A player who is placed on the Commissioner Exempt List under the Personal Conduct Policy may not practice or attend games.
"The Colts sincerely hope this extraordinarily serious matter will be resolved expeditiously and that justice will prevail," the Colts said in a statement.
On Dec. 10 – nine days after the alleged incident involving McNary – NFL owners unanimously endorsed a new personal conduct policy that includes a provision to place an individual on paid leave if formally charged with a violent crime or sexual assault.
The Colts play the New England Patriots in the AFC championship game on Sunday.
McNary, 26, who has been with the team since 2013, faces one count of rape, one count of criminal confinement and one count of battery, court documents state.
McNary was taken into police custody Wednesday night after the charges were filed.
On Thursday morning, McNary's attorney, Edward F. Schrager, released the following statement on behalf of his client:
"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 afternoon are not evidence of wrongdoing, but simply one side's story."
The statement goes on to say that McNary believes the matter should be addressed in court rather than in the media and no further statements will be made.
A 29-year-old woman told police that a man she met at a Downtown bar after a long night of drinking took her to his apartment and raped her. According to a probable cause affidavit, the two ended up in a bedroom, where the man tried to kiss her face and neck. The woman said he got upset and became aggressive after she turned down his advances.
"He scared me, intimidated me and scared me," the woman told detectives.
Documents said the woman scratched the man's neck, face, back and shoulder during a fight that occurred before the alleged rape. The woman said she told the man multiple times to stop. The woman later sneaked out of the apartment while the man was in the bathroom. She told police she ended up taking the man's cellphone because she couldn't find hers.
The incident happened in the early morning hours of Dec. 1.
The woman said she left work about 11:30 p.m. the previous night and went to three Downtown bars with co-workers. They began at The Pub, where the woman drank a cocktail and took a shot, she told detectives. The group then went to the Blu Night Club, where the woman took one shot before leaving for Tiki Bob's on South Meridian Street, she told police.At Tiki Bob's, the woman told detectives she had a few cocktails and another shot.
While she was drinking, the woman began talking with a man, whom she believed was the same man who sexually assaulted her later that morning, court documents state. She remembered making several trips to the bathroom and at one point began "feeling very, very drunk."
When the bar began to close, she told detectives, she thought she was still with the man but didn't recall leaving Tiki Bob's.
Later, the woman found herself in the man's apartment but didn't remember how she got there. Court documents state that the man talked to the woman about being new to Downtown, and she told him about her new job. She described herself to detectives as "being flirty" with the man. She said they "kissed on the mouth" and the man was "touchy-feely" as they flirted.
"This wasn't a problem, and it was not aggressive," the woman told detectives.
At this point, the man and woman were in the living room of the apartment, but the woman said she was "really drunk" and told the man she needed to lie down, court documents state. The two went into the man's bedroom, and she lay down on the bed. That's when the man began kissing her, the woman told detectives.
"No, I'm too drunk for this, I need to lay down, have to work, and I'm not OK with this," the woman told the man, detectives said.
As she lay there, the woman realized she wasn't wearing any pants or underwear and the man was now "bare chested," according to court documents. She said the man began to sweet-talk her, and that's when she began to thwart his advances.
At first, she felt fine, the woman told detectives, but the man became upset when he attempted to kiss her neck and she "freaked out," pushing him away.
When the man began to rape her, court documents said, she started to scratch him. She told investigators that she yelled and was unable to move. She told the man "no" and to stop on "multiple occasions."
"I did not have the strength," she said. "I didn't have the strength to push him off."
The woman told detectives that after the man was finished, he was "pissed," and yelled, "Look what you did to me!" referring to the scratches. Then the two spoke. She told the man she needed to leave because she had to be at work in the morning and went into the living room to retrieve her clothes. When she asked the man to help her find her phone, he refused and instead insisted that she stay the night. So she found a phone on the couch or table and grabbed it as she left the apartment.
The woman contacted police about the incident later that day and went to Eskenazi Hospital for a sexual assault examination. When the exam was completed, a forensic nurse told detectives that the woman had injuries to her vagina and dried blood behind her ear. There was also a pubic hair located on the woman's body that the nurse did not believe belonged to her.
After an initial investigation, police traced the cellphone she grabbed to McNary, and a search warrant was obtained for his apartment.
When detectives arrived at McNary's home, they briefly explained to him that there was an active investigation, to which he replied, "I know why you're here," court documents said.
Investigators then entered the apartment, and McNary pointed to a pile of bedding.
"I preserved it for you because I knew you would be coming," McNary told detectives. He then said he would like to discuss the investigation further in his office and showed detectives the woman's belongings she had left behind.
After an interview with investigators, McNary was read his rights and taken to Eskenazi Hospital, where a suspect sexual assault examination was performed. During the exam, one of the detectives noticed McNary had reddened abrasions and scratches on his neck, abdomen, shoulder and back, court documents state.
Court documents did not indicate the results of that assault exam.
The Colts released the following statement:
"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."
The NFL has been criticized recently for its handling of allegations of crimes against women, resulting in an increase in the severity of the league's response in some cases.
McNary's agent, Andy Simms, declined to comment.
McNary finished his collegiate career in 2011 as Army's all-time sacks leader before serving two years of active duty in the military. He was originally signed by the Colts in the spring of 2013 and appeared in five games at linebacker the following season. McNary has appeared in 15 games this season — primarily on special teams — and has totaled 28 tackles.
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