United States v. Arnold

486 F.3d 177 (2007)

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Nature of the Case

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Facts

Gordon called 911 and told the emergency operator: 'I need police.... Me and my mama's boyfriend got into it, he went in the house and got a pistol, and pulled it out on me. I guess he's fixing to shoot me, so I got in my car and [inaudible] left. I'm right around the corner from the house.' D, a convicted murderer was identified by Gordon with the gun. Officers arrived, and Gordon stated that D had pulled a gun on her and was trying to kill her. Gordon was described as visibly shaken by the incident. D was patted down, and in the car, officers found a black handgun inside a clear, plastic bag directly under the passenger seat where D had been sitting. D was charged with being a felon in possession of a firearm. Gordon did not appear to testify at trial, but she was subpoenaed. The court admitted a redacted recording of the 911 call and Gordon's two statements at the scene under the 'excited utterance' exception to the hearsay rule. D was found guilty and appealed.