Las Cruces man accused of sexually assaulting woman

LAS CRUCES, New Mexico - Police officers arrested a man accused of sexually assaulting a woman and unlawfully restraining her late Tuesday evening.

Police said Shane McGarvey, 19, of the 5700 block of Pecan Lane, is charged with three felony counts of criminal sexual penetration, a felony count of aggravated battery, a felony count of false imprisonment, a misdemeanor count of battery and a misdemeanor count of resisting, evading or obstructing an officer.

 Las Cruces police were dispatched to reports of screaming and yelling coming from a home on the 2400 block of Pagosa Hills shortly before 11:30 p.m. on Tuesday, February 12, 2019.

The first officer to arrive entered the home after he heard yelling and a commotion from inside the home. The officer encountered a man, later identified as Garvey, on top of a woman on the living room floor, police officials said. 

The officer ordered McGarvey to step away from the woman, but McGarvey stood up and allegedly "closed distance on the officer in a threatening manner."

Police said the officer was able to subdue McGarvey and took him into custody without further incident.

Investigators learned McGarvey and the woman are 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, police said. 

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

McGarvey was booked into the Dona Ana County Detention Center where he's initially being held without bond.

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