INDIANAPOLIS (WISH) — Former Indianapolis Colts player Joshua McNary, accused of raping a woman after a night out in 2014, testified in his Wednesday.
McNary took the stand around 4:30 p.m. and didn’t wrap up until around 6:30 p.m. Both prosecutors and the defense questioned his actions the night of Nov. 30 through early morning Dec. 1, when the woman says he raped her.
The defense painted a picture of a standout student, athlete and Army veteran. They say McNary comes from a good family; his mother is a 6th grade teacher in Houston and his father is retired from the military. McNary graduated from West Point with a degree in Engineering Management.
According to the defense, McNary received the Pat Tillman Award. Pat Tillman a the former NFL player who enlisted in the military after September 11, 2011. Tillman was killed while serving in Afghanistan.
After serving in the Army, McNary was signed on to the Indianapolis Colts in 2013. The alleged attack happened after an early game on Nov. 30. McNary says he had gone to dinner with friends where he ate and drank. He says later he ended up at Tiki Bob’s, a nightclub downtown, where he met the alleged victim.
McNary testified that while at Tiki Bob’s, he drank a few beers and had a shot of tequila. He says he did not witness his accuser drinking. According to McNary, the two flirted and then took a taxi cab to his downtown apartment. While in the taxi, McNary claims the two kissed and touched.
McNary says they ended up at his apartment early in the morning on Dec. 1. According to McNary, the two had consensual sex. But during intercourse, he stopped after the woman scratched him badly. McNary says he asked her “Are we good?'”
He says they continued having sex. He says after he mentioned it again, she said “Oops. Sorry.”
McNary testified that not long after, the woman then left his apartment abruptly with his phone. He says he went to chase after her and could hear her in the elevator telling somebody that she needed help and that “This guy had me trapped.” McNary says he tried to chase after her, but wasn’t able to catch up with her.
According to McNary, he never mentioned the fact that he played for the Colts.
The prosecution followed the defense. They questioned McNary’s actions that night and his response to answers. Closing arguments were scheduled for Thursday morning, however, witness testimony went longer than expected.
NFL Security Representative for Indianapolis Jack Osborn believes if McNary is found not guilty, he could still have a career in the NFL. But, if he’s found guilty he says it’s not likely he will have a professional football career.
“Well we’ll have to see what sentencing is, and what that disposition is. But I think if he’s found guilty, it would be pretty hard for him to continue to believe he’d have a career with the NFL,” said Osborn.
Both members of McNary’s family as well as the alleged victim’s family were present, but did not want to give comment at this time.