Las Cruces man suspected of sexually assaulting woman Tuesday evening

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Las Cruces police arrested a man suspected of sexually assaulting a woman and unlawfully restraining her during an incident late Tuesday evening.

Shane McGarvey, 19, of the 5700 block of Pecan Lane, is 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.

Shortly before 11:30 p.m. Tuesday, Feb. 12, Las Cruces police were dispatched to reports of screaming and yelling coming from a home on the 2400 block of Pagosa Hills. The first officer to arrive also heard yelling and commotion coming from inside the home. The officer entered the home and found a man, later identified as Garvey, on top of a woman on the living room floor.

The officer gave commands for McGarvey to step away from the woman. Investigators learned McGarvey stood up and closed the distance on 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 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.

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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