Andres Rafael Garcia (Source: Maricopa County Sheriff's Department)
Nduka "Junior" Onyeali (Source: facebook.com)
TEMPE, AZ (CBS5) -
A former football player at Arizona State University has pleaded not guilty in an alleged sexual assault in Tempe.
Court officials said Andres Rafael Garcia, 22, made the plea Monday morning in Maricopa County court.
The Tempe Police Department said detectives arrested Garcia on June 9 on two counts of sexual assault and one count of assault/domestic violence.
Tempe police said Garcia got involved in a verbal argument with a 21-year-old female acquaintance early Friday morning, which escalated into a physical assault when Garcia allegedly shoved the victim backwards into a wall, knocking her unconscious.
A relative of the victim, who was also in the room, helped carry the victim to a friend's car to take her to the hospital. During the ride, the victim started regaining consciousness, so they decided to take the victim home, the police report states.
The victim was carried to her bedroom by Garcia and a friend. Garcia said that he wanted to talk to the victim, so Garcia was left alone with the victim, police said. The victim said she could see and hear but could not cry, yell or move her body when Garcia allegedly raped her, according to the police report.
Witnesses told police the bedroom door was locked and they could hear the victim choking or coughing, the police report said, and Garcia opened the door.
Police said the victim's roommate said Garcia told her that he had sex with the victim and that "she didn't say no," according to the police report.
The police report also stated that Garcia called the victim's mother about 4 a.m. and told her that he had taken advantage of the victim while she was passed out.
Tempe police said Garcia called the victim on Saturday to apologize and ask her not to press charges. Police determined Garcia was not in Tempe but would be returning and he was arrested June 9 and booked into Tempe City Jail.
His next court date is scheduled for August 7.
ASU Sun Devil Athletics told CBS 5 News on June 11 that Garcia was dismissed from the football team.
A second ASU football player is facing a domestic violence-related charge in an unrelated incident. Tempe police said Nduka "Junior" Onyeali, 22, got in a fight with his girlfriend on May 19, and he smashed her driver's side windshield. She was not in the car at the time. Onyeali faces a misdemeanor domestic violence criminal damage charge.
Stay with cbs5az.com for updates on this developing story.
Copyright 2013 CBS 5 (KPHO Broadcasting Corporation). All rights reserved.
Thursday, December 5 2013 2:44 AM EST2013-12-05 07:44:00 GMT
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