Colts’ McNary placed on exemption list, appears in court after rape allegation

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INDIANAPOLIS (Jan. 15, 2015) - Indianapolis Colts linebacker Josh McNary appeared in court Thursday afternoon after being charged in a rape case Wednesday.

He's free on $25,000 bond, reports CBS4's Russ McQuaid.

Earlier Thursday, the Colts asked NFL Commissioner Roger Goodell to place McNary on the Commissioner Exemption list. Goodell granted that request, meaning McNary will not be eligible to practice or play with the team.

Here's the statement from the NFL:

In accordance with the NFL Personal Conduct Policy, Indianapolis Colts linebacker Josh McNary has been placed on the Exempt–Commissioner Permission List pending further notice. 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. 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.

The Personal Conduct Policy states that an individual will be placed on paid administrative leave (Commissioner Exempt list for players) “if you are formally charged with a crime of violence, meaning that you are accused of having used physical force or a weapon to injure or threaten another person, of having engaged in a sexual assault by force or a sexual assault of a person who was incapable of giving consent, of having engaged in other conduct that poses a genuine danger to the safety or well-being of another person, or of having engaged in animal abuse. The formal charges may be in the form of an indictment by a grand jury, the filing of charges by a prosecutor, or an arraignment in a criminal court.”

A player who is placed on the Commissioner Exempt List under the Personal Conduct Policy may not practice or attend games.

The Colts released a statement about McNary earlier Thursday:

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.

McNary, 26, faces one count of rape, one count of criminal confinement and one count of battery resulting in bodily injury. CBS4 has learned that the incident in question happened on or around Dec. 1.

His accuser told Indianapolis Metropolitan Police Department (IMPD) sex crimes detectives that she met a man at a downtown bar and went to his apartment. She says a fight broke out before the man raped her.

According to court documents, she told him, “No, I am too drunk for this, I need to lay down, have to work, and I’m not OK with this.” She put her arm out towards the male and told him, “No.”

A photo on the woman’s phone inside McNary’s apartment was found. Along with the photo she wrote, “This guy creeps me out, save me.” It was posted at 3:13 a.m.

Court documents reveal that she said “I didn’t have the strength to push him off.” She also described “being in and out of consciousness.”

She took his cell phone when leaving his apartment.

A hospital examination revealed that the woman suffered injuries, including dried blood behind her ear. She told police she scratched her attacker. The victim told police that when she scratched McNary, he said, "Look what you did to me."

Police connected McNary to the case through the cell phone.

When police arrived at his apartment, McNary told them, "I know why you're here."

He said he preserved the bedding from the encounter and presented some of the woman's clothing to police. McNary had also taken photos of the bedding, showing blood stains and other soiled areas.

McNary played college football at the United States Military Academy. He wears jersey No. 57 for the Colts.

The victim's family issued the following statement to CBS4:

“We (the victim & her family) would like privacy at this time. We also want justice.”

McNary was taken into police custody Wednesday night.

Thursday morning, attorney Edward F. Schrager provided the following statement on McNary's behalf:

"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 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.”

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