Jury finds ex-Indianapolis Colts player Josh McNary not guilty of rape and battery
Jury finds ex-Indianapolis Colts player Josh McNary not guilty of rape and battery
A jury has found former Indianapolis Colts linebacker Josh McNary not guilty of forcing a woman he met in a bar to have sex.
McNary, 27, had been charged with rape, criminal confinement and battery in the trial, which began Monday. The jury decided he was not guilty on all counts Thursday.
The case stems from a December 1 incident when McNary and a woman left a downtown Indianapolis bar called Tiki Bob’s and went back to his apartment.
Prosecutors had acknowledged that the woman willingly went home with McNary, and that the two flirted and kissed throughout the night, but they said she did not consent to having sex with him.
Defense attorneys had argued that the woman was ‘confused’ and ‘conflicted,’ and that her statements about what happened have changed repeatedly.
The woman testified earlier this week that she went into McNary’s bedroom to lie down because she felt drunk and that McNary had sex with her despite her repeated attempts to push him away.
The woman told detectives she scratched her attacker, and when they interviewed McNary, they noticed he had scratches and abrasions on his neck, abdomen, shoulder and back, records said.
A nurse testified at trial that the woman received scratches on her arm, injuries to her ear and thigh as well as swelling and abrasions to her genitals, according to The Indy Channel.
‘She realized, ”You know what, I don’t want to do this. I don’t feel good,'” Deputy Prosecutor Courtney Curtis said
The woman had sent Snapchat messages to her friends from the apartment, one of which said ‘save me’.
McNary, an Army alum, took the stand Wednesday and maintained his innocence, as he has since his arrest in January.
He said the woman asked him at the bar whether he wanted to continue hanging out, and that the two of them went back to his apartment, eventually engaging in consensual sex.
Defense attorney Jessie Cook said the woman’s statements brought forth ‘overwhelming reasonable doubt,’ and that McNary’s decision to take the stand in his own defense helped his case.
The jury had 11 women and two men, according to the Indianapolis Star.
Juror Stanley Edwards told the newspaper that McNary’s decision to testify for himself had benefited because he ‘didn’t seem nervous’ and ‘seemed truthful and honest.’
He said the woman’s ‘story was inconsistent’.
After he was cleared of the charges, McNary said he will try to continue his football career, describing the whole experience as ‘traumatic’ and ‘tragic.’
He had previously been placed on the NFL’s exemption list pending the outcome of the case, though his contract expired in March.
Marion County Prosecutor Terry Curry said he’s confident that they jury ‘conscientiously considered the facts.’
