He is expected to appear at an initial hearing at 1 p.m., where he will be advised of his rights and be given an opportunity to enter a preliminary plea, McLeish said.
Defense attorney Edward Schrager said he would not be commenting further on the case, but said in his statement that the charges and affidavit “are not evidence of wrongdoing, 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.”
McNary, 26, was taken into police custody and charged with felony rape, felony criminal confinement and misdemeanor battery resulting in bodily injury.
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McNary is listed as a second-string inside linebacker for the Colts, who play the New England Patriots on Sunday in the AFC championship game. He has 28 tackles — mostly on special teams — in 15 games this season.
The 6-foot, 251-pound player is in his second season. He played college football at Army and served in the military from 2011 to 2013 before joining the Colts.
CNN’s Jill Martin, Susan Candiotti, Tina Burnside, Dave Alsup, Erica Henry and Wayne Sterling contributed to this report.
