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Missoula police arrested Thomas Magee Jr. shortly before noon Wednesday, charging him with raping a 40-year-old woman in her South Avenue home early Tuesday morning.

Magee became a suspect in the case because of something he allegedly said during the rape, which happened about 3 a.m. Tuesday.

Missoula police reported that the woman awoke to find a man on top of her and having intercourse. The woman quickly told the man to leave. While doing so, the man allegedly mentioned that he had visited the woman's house earlier in the evening with a friend of the woman's named Don, Deputy Missoula County Attorney Kirsten LaCroix said Wednesday.

The woman also noted that the suspect was missing several teeth and had bad breath. When police identified Don on Tuesday and asked him about his acquaintance, he said the description fit Tom Magee Jr.

Magee was questioned Wednesday, then arrested and charged with sexual intercourse without consent. He will appear in Justice Court on Thursday.

Michael Moore, Missoulian

Thursday - 6/24/99

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