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Officer’s testimony about victim’s statement admissible, COA rules

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A trial court did not abuse its discretion when it allowed an Indianapolis police officer to testify as to a victim’s out-of-court statements made to the officer shortly after an incident where she was beaten up.

Several passers-by saw Gabriel McQuay and R.S. yelling next to their car which was parked by a curb. McQuay pushed and punched R.S., according to the court record, and she screamed he was trying to kill her. McQuay ran off before Indianapolis Metropolitan Police Department Officer Travis Williams arrived. He noted that R.S. was visibly upset. She identified herself and told Williams that McQuay attacked her.

McQuay was found guilty of Class D felony criminal confinement and Class A misdemeanor battery.

In Gabriel McQuay v. State of Indiana, 49A02-1311-CR-954, McQuay argued the trial court should not have admitted into evidence Williams’ testimony regarding R.S.’s out-of-court identification of herself and McQuay to the officer.
 
The state’s evidence demonstrates that R.S.’s statements identifying herself and McQuay to Officer Williams at the scene were excited utterances and, therefore, admissible statements, Judge Edward Najam wrote.  And R.S.’s identification of herself and McQuay relates to McQuay’s attack on her. The Court of Appeals could not say that the trial court abused its discretion when it concluded that R.S.’s statements to Officer Williams were excited utterances and therefore admissible pursuant to Indiana Evidence Rule 803(2).

Williams’ testimony also did not deny McQuay his Sixth Amendment right to confront R.S.

“Under an objective analysis, the circumstances of the encounter as well as the statements and actions of R.S. and Officer Williams indicate that the primary purpose of the interrogation was to enable police assistance to meet an ongoing emergency. As such, R.S.’s identification of herself and McQuay were not testimonial statements. The Confrontation Clause did not bar their admission at McQuay’s trial,” Najam wrote.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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