LUBBOCK, Texas — A 29-year-old man was indicted Tuesday after court records said he sexually assaulted a family member in January.

James Garza Jr. was charged on five counts of sexual assault of a child when he “intentionally or knowingly” sexually assaulted his family member from an incident that occurred in January, according to court records.

The victim told investigators that “she was not feeling well,” so she “stayed home, took some NyQuil and went to sleep.” She said she was “partially asleep and partially awake” during the assault, according to court records. The victim also said that Garza “smelled like cigarettes, weed and different types of alcohol.”

When the victim began to wake up and become completely conscious, she told investigators Garza attempted to put her underwear and pants back on her, left the room and said “I’m sorry,” according to court records.

The following day, according to court records, the victim told investigators that Garza texted her multiple times saying “I’m sorry, please don’t tell anyone.” Garza also told the victim “Please don’t tell nobody. Don’t tell your mom. Don’t call the cops.” He also said “I have kids.”

Garza told the victim that she didn’t have to forgive him, but he asked her not to tell anybody multiple times, according to court records. He told another family member that the victim “wanted it” and also told his girlfriend in another message that he “walked into the wrong room” and “when he woke up that the victim was on top of him” so he “pushed her off.”

Garza remained in the Lubbock County Detention Center as of Tuesday on multiple charges, including possession of marijuana, assault on a public servant, failure to display a driver’s license and sexual assault of a child.