Tuesday, former Texas Tech football player Toby Shain was indicted by a Lubbock County grand jury for sexual assault.

Police were called to the Emergency Room at University Medical Center April 9 to investigate a claim that a woman made against Shain.

According to KAMC News, a friend of the female victim had brought her to another friend’s house after she threw up while drinking at a bar. The victim fell asleep at the house.

The police report reveals that the woman said she woke up to Shain biting her nipples. The victim said she tried to fight him off and screamed, but Shain penetrated her vagina with his fingers and penis.

After the story was published on Everything Lubbock, the person who owned the home where the alleged sexual assault took place reached out with a different story, saying that the victim had confused Shain for her boyfriend.

"She and Mr. Shain were engaging in some sort of sexual act and when she realized it wasn't her boyfriend she was embarrassed," the homeowner told KAMC.

Shain was able to post bond in late June and was not being held in the Lubbock County Jail as of Tuesday.

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