Wagner
A Whiteland man is accused of sexually assaulting a woman at her Indianapolis home.
David Wagner, 50, is charged with two counts of rape as a Level 3 felony, one count of sexual battery as a Level 6 felony, and battery resulting in bodily injury as a misdemeanor. He was booked into the Marion County jail on Dec. 15.
Detectives with the Indianapolis Metropolitan Police Department began investigating after speaking with a woman who alleges Wagner raped her at a home in Indianapolis. The incident occurred on Oct. 13, according to a probable cause affidavit filed in Marion Superior Court 29 on Dec. 14.
The woman told investigators she invited Wagner to her home for dinner after talking for a while. She said she wanted to get to know Wagner and did not want to have sex with him that night, according to the affidavit.
That night, Wagner had reportedly texted her saying he was drunk and that the night was going to be fun. She didn’t believe he had been drinking, and didn’t know what he meant about the night being fun, the affidavit says.
Wagner allegedly tried to kiss her when he arrived but she refused. Later, Wagner asked her to touch his genitals and she refused, according to the affidavit.
When Wagner repeatedly expressed a wish to perform a sexual act on her she told him no and he allegedly tried to take off her clothing, according to the affidavit.
The woman also told police Wagner grabbed her by the throat at one point, which impeded her ability to breathe. He then allegedly threw her on the couch, and began touching her without her consent, the affidavit shows.
Eventually, he took her pants off. He then forcibly touched her and performed a sexual act on her. Video footage reportedly showed Wagner holding the woman down, and later asking her Amazon Alexa to turn out the lights during the incident, according to the affidavit.
After some time, Wagner stopped, telling the woman he was sorry. She told him no, saying he had hurt her. He later left the home, the affidavit says.
The woman later told two witnesses about what happened and discovered a Ring camera inside her living room had recorded some of the incident, confirming to police what had happened, the affidavit says.
She initially went to report the incident to New Whiteland Police because Wagner is from the area, and they directed her to get a forensic exam. One of the witnesses later told the woman they had spoken with Wagner, who said he had messed up and planned to turn himself in, according to the affidavit.
IMPD detectives reached out to Wagner, but he did not respond. They later received a call from his attorney, the affidavit shows.
Non-emergency help dealing with sexual assault resources is available at Franklin-based ASSIST Indiana at 317-739-4456. For a complete list of resources from the Indiana Coalition to End Sexual Assault and Human Trafficking, visit icesaht.org/get-help/. For emergency help dealing with sexual assault call or text 911 to report the crime.
