HOUSTON – Texans minority owner Javier Loya is facing a rape charge, five first-degree sexual abuse and one third-degree sexual abuse charge in Kentucky, according to court records.
Loya entered a not-guilty plea and posted a $50,000 bond on May 16. He’s represented in Louisville by local attorney Michael Mazzoli.
“Mr. Loya is innocent and has pled not guilty to all charges,” Andrew Sarne, Loya’s attorney said in a statement to KPRC 2 on Monday. “He unequivocally and categorically denies these allegations and will vigorously defend his innocence. Mr. Loya has voluntarily taken and 100% passed a polygraph test which confirms his innocence and looks forward to being vindicated in court.”
Loya, 53, is not working with the team or being involved in league matters at this time while dealing with his active legal situation. A pretrial conference is set for Aug. 22, and an arrest warrant was issued on May 10. He initially joined the franchise in 2002. Loya is the chairman and CEO of OTC Global Holdings.
The allegations stem from incidents on May 15 and May 16 last year and the accusations are from four women.
Court records state that Loya allegedly hired female models from an agency to work at a poker party in Louisville and a separate party at his home. A woman alleged that he “grabbed her butt and breasts without consent.” Another woman alleged that Loya put his hand inside her underwear and penetrated her with his finger. Plus, a separate woman alleges that Loya lifted her up and placed his hands inside her underwear.
“Enrique Javier Loya absolutely denies the criminal claims against him,” Sarne said in a statement Tuesday. “The allegations were made in May 2022. It took the Commonwealth more than a year to indict. Mr. Loya made the highly unusual offer to sit down with law enforcement and answer any and all questions. That offer was rejected, and Mr. Loya was indicted with no notice whatsoever.
“He was not ever informed that any Grand Jury was considering his case. Finally, there seem to be possible racial overtones to the allegations, with at least one complaint of an assault by a group of Mexicans. Mr. Loya will continue to work through the legal process and looks forward to clearing his name.”
If convicted of rape in the first degree, Loya could face a sentence ranging from 10 to 20 years imprisonment. If convicted of sexual abuse in the first degree, Loya could face a sentence ranging between one and five years. If convicted of sexual abuse in the first degree, Loya could be sentenced to 90 days imprisonment and a $250 fine.
“We are aware of the serious charges filed in the Commonwealth of Kentucky against Javier Loya, one of our outside limited partners,” the Texans said in a statement. “We have agreed with Mr. Loya that while these charges are pending, he will remove himself entirely from any team or League activities.”
The NFL has also issued a statement emphasizing that the Texans informed the league about Loya’s legal situation.
“The club promptly notified the league of the serious pending charges against Mr. Loya after they were filed,” an NFL spokesman said in a statement. “Mr. Loya has not been permitted to participate in any league or club activity during this process. He is no longer on any league committees.”
A civil court filing in Harris County alleged that Loya was involved in sexual misconduct against a woman, a Jane Doe, while she was working at a private party earlier this year as part of the staff at a Houston restaurant, Emilia’s Havana, according to court documents obtained by KPRC that were filed on Feb. 27.
The original petition applied for a temporary restraining order and a permanent injunction following a Jan. 13 party with the filing alleging that management of the restaurant advised staff, including Jane Doe, that the party would be “wild and crazy,” and include “prostitutes” being in attendance at the event, per court documents.
In the court filing, Jane Doe alleged that Loya “took it upon himself to sexually grope Jane Doe for his own sexual gratification,” when she greeted him at the party adding that “Loya’s sexual inappropriate touching of Jane Doe was unwanted and unwelcomed.”
Through his attorney, in a response filed in court documents, Loya “adamantly denies” the allegation from Jane Doe and stated that security video and audio recording would establish that no “improper contact” occurred between him and the plaintiff.
There was a subsequent request to restaurant management and Loya to preserve all physical and electronic evidence related to this alleged sexual assault. The plaintiff was initially seeking no less than $200,000 and up to $2 million in damages from this accusation.
The allegations were ultimately withdrawn, and the case was dismissed with prejudice on April 20 and it can’t be refiled. Jane Doe’s attorney didn’t immediately respond to inquiries from KPRC 2 about this civil matter.
“Like any other individual charged with any criminal offense, he is presumed to be innocent unless and until his guilt is proven beyond a reasonable doubt,” KPRC 2 Legal Analyst Brian Wice said. “It’s a situation where the grand jury heard testimony from the complainants, from police officers and anybody else whose testimony is relevant. They vote on an indictment.”
“Either there are five different occurrences involving one or more victims, or simply one act involving five different victims,” Wice said.
Aaron Wilson is a Texans and NFL reporter for KPRC 2 and click2houston.com.