Colts place linebacker McNary on commissioner’s exempt list

(AP) — The Indianapolis Colts put Josh McNary on the commissioner’s exempt list Thursday, less than 24 hours after prosecutors charged the backup linebacker with rape, criminal confinement with bodily injury and battery resulting in bodily injury.
The designation means McNary is not eligible to practice with the Colts or attend their games, including Sunday’s AFC championship at New England.
Team officials issued a statement Wednesday after the prosecutor’s office released a report detailing the charges and the accounts of McNary and a 29-year-old woman who made the allegations. The woman’s name was redacted in the report.
Ed Schrager, McNary’s lawyer, issued a statement early Thursday saying his client denied the allegations and immediately reported to law enforcement officials.
“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,” the team said. “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.”
According to the probable cause affidavit, two Indianapolis police officers said the woman accused an unknown man they later determined to be McNary of attacking her in the early morning hours of Dec. 1. Police, according to the report, determined the man was McNary after investigating a cellphone the woman claimed she took from the man’s apartment.
The woman claimed the two engaged in a “physical fight” and that she scratched his neck, face, back and shoulder before the alleged sexual assault took place. According to the report, the woman also said she believed the man slapped her on the left side of her face with his hands before forcing himself on her and that she told the man to stop.
Police reported that a nurse found dried blood behind the woman’s ear and other injuries following a sexual assault examination, and that a friend of the accuser played a 2-minute voicemail from the women for police.
“At one point, the female can be heard crying and becoming emotionally distraught,” the report said.
In the report, police said the woman was shown photos of several men and that she said an image of McNary “looked familiar” to the man she was with that night. She could not positively identify him, though.
The police also wrote that when they arrived at McNary’s apartment to investigate, the player said: “I know why you’re here.” The report said McNary claimed to have preserved evidence because he expected the police would be coming.
McNary’s attorney cautioned there’s another side to the story.
“The charges and affidavit publicly disseminated on Wednesday afternoon are not evidence of wrong doing but simply one side’s story,” Schrager wrote. “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.”
Schrager said no other statements would be made on behalf of or by McNary.
McNary finished his college career as Army’s career leader in sacks and tackles for loss, then spent two years on active duty before applying for an early release to play in the NFL. He signed with the Colts in April 2013 and has continued to fulfill his military obligation in the National Guard.