Man accused of forcing himself on woman


    Shane McGarvey was charged with three third-degree felony counts of criminal sexual penetration, one third-degree felony count of aggravated battery, a fourth-degree felony count of false imprisonment, a misdemeanor count of battery and a misdemeanor count of resisting, evading or obstructing an officer.

    Las Cruces police said they have arrested a man suspected of sexually assaulting a woman and holding her against her will Tuesday evening.

    Police responded to reports of screaming and yelling coming from a home in the 2400 block of Pagosa Hills. They said the first officer to arrive also heard yelling and commotion coming from inside the home. Shane McGarvey, 19, was found on top of a woman on the living room floor.

    They said the officer gave commands for McGarvey to step away from the woman. Investigators learned McGarvey stood up and closed the distance between himself and the officer in a threatening manner. The officer was able to subdue McGarvey and took him into custody without further incident.

    Investigators learned McGarvey and the woman were acquaintances who were drinking alcohol and decided to get into the hot tub. While in the hot tub, McGarvey allegedly forced the woman’s head under water. The woman fought off McGarvey and tried to go inside the home, but he allegedly forced her to the ground and punched her multiple times.

    Investigators learned McGarvey sexually assaulted the woman at least three times during the incident. The woman was taken to a local hospital with multiple, non-life-threatening injuries.

    McGarvey was charged with three third-degree felony counts of criminal sexual penetration, a third-degree felony count of aggravated battery, a fourth-degree felony count of false imprisonment, a misdemeanor count of battery and a misdemeanor count of resisting, evading or obstructing an officer.

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