NOTE: Some of the material in this story is graphic. Viewer discretion is advised.
Former Texas Tech football player, Toby Shain, was indicted Tuesday afternoon by a Lubbock County grand jury for sexual assault. Shain would have played for Tech roughly 15 years ago.
On April 9, police were called to the Emergency Room at University Medical Center. A friend of the victim had driven her to the hospital.
According to a police report, she had been drinking at a bar and vomited. She was taken to a friend’s house to rest and to get out of her vomit soaked clothing. She woke up to find a man biting her nipples, according to a police report.
The police report also said despite screaming and trying to fight him off, he penetrated her vagina with fingers and his penis.
The police report said, “[The victim] advised [the suspect] made several comments throughout the night about playing football for Texas Tech in the past.”
According to the police report, the owner of the residence told police that Shain was supposed to be sleeping on the other end of the house.
After this was story was initially published online, the homeowner contacted EverythingLubbock.com.
The homeowner said, “I do NOT believe Mr Shain should be facing the charges he is or have his reputation destroyed.”
The homeowner said the victim never screamed. He thinks she mistook Shain for her boyfriend.
The homeowner also said, “She and Mr. Shain were engaging in some sort of sexual act and when she realized it wasn’t her boyfriend she was embarrassed.”
Shain was able to post bond in late June and was not held in the Lubbock County Detention Center as of Tuesday evening.