On September 19th at 10:30 a.m., Lincoln Police investigators were notified that a 28 year old woman was at an Omaha hospital reporting she had been sexually assault that morning in Lincoln. The woman said an unknown man forced her into an apartment after a night out with friends. She contacted family members saying she needed help and used her cell phone to send them her location.
Police talked to witnesses and collected evidence. They determined 25 year old Innocent Magaya was a suspect. Witnesses were able to correctly report different parts of the victim’s account of being sexually assaulted. At the time of the report, investigators worked with Omaha Police for the gathering of evidence from the victim.
On October 27th, investigators spoke with Magaya and collected a DNA sample. That sample was sent to the State Crime Lab and Magaya’s DNA matched evidence collected from the victim at the hospital.
On November 17th just before 6 p.m., an investigator contacted Magaya in the 3100 block of Starr Street outside a residence. When the investigator told Magaya that he was under arrest, he said “No, I am not”. Magaya actively resisted being arrested by pulling away from the investigator. The investigator called for help to other officers in the area despite a violent and lengthy struggle with Magaya who was able to overpower the officer. As the struggle continued, the officer was pulled inside the residence by Magaya who continued to try to get away. Another officer arrived and attempted to gain control of Magaya but together they were still unsuccessful. Due to the lengthy struggle, the officer deployed a taser which assisted in getting Magaya into custody, however, he continued to struggle and resist officers even after being put in handcuffs.
As is policy with any taser deployment, Magaya was seen at a local area hospital and medically cleared before being taken to jail.
Magaya was arrested for 1st Degree Sexual Assault, Strangulation, False Imprisonment, and Felony Resist Arrest.