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Williams v. State2/7/2003
the facts and circumstances before the court. Id. In reviewing the decision, we only consider the evidence in favor of the trial court's ruling and any unrefuted evidence in the defendant's favor. Id.
A. Townsend's Statements
Hearsay is an out of court statement offered to prove the truth of the facts asserted in the statement itself. Ind. Evidence Rule 801(c). Hearsay is generally inadmissible unless the statement falls within one of the established hearsay exceptions. Ind. Evid. R. 802. In the present case, the trial court admitted Townsend's statements to Lieutenant Rice and Lucille under the excited utterance exception.
For a hearsay statement to be admitted as an excited utterance under Evidence Rule 803(2), three elements must be shown: (1) a startling event occurs; (2) a statement was made by a declarant while under the stress of excitement caused by the event; and (3) the statement relates to the event. Ind. Evid. R. 803(2). Application of these elements is not mechanical. Rather, the inquiry turns on whether the statement is inherently reliable because the declarant was under the stress of the event and unlikely to make deliberate falsifications. Cox v. State, 774 N.E.2d 1025, 1027 (Ind. Ct. App. 2002) (citing Jenkins v. State, 725 N.E.2d 66, 68 (Ind. 2000)). The time period between the startling event and the statement is but one factor to consider when determining if a statement is an excited utterance, but no precise length of time is required. Id. (citing Simmons v. State, 760 N.E.2d 1154, 1161 (Ind. Ct. App. 2002)).
Williams argues that the trial court abused its discretion when it allowed Lieutenant Rice and Lucille to testify to statements that Townsend made after the shooting. He contends that the statements were not inherently reliable because Townsend could have fabricated these statements in the time that elapsed between the shooting and when he made the statements.
Here, Townsend had been subjected to a startling event. Two men had attempted to rob him, and he had been shot several times. Townsend made the statements to Lieutenant Rice and Lucille while in the emergency room and still in pain from being shot. He made these statements while undergoing medical procedures to save his life and shortly after he was found unconscious at the scene of the shooting. Townsend's statements also related to the attempted robbery and shooting.
Although some time had elapsed between the shooting and when Townsend made the statements, the amount of time that has passed is not dispositive. Yamobi v. State, 672 N.E.2d 1344, 1346 (Ind. 1996). We look instead to whether the statement is inherently reliable. Here, Townsend's statements were made in the emergency room after he was shot multiple times and while he had chest tubes and IVs in his body. Even though some time had passed since he was shot, his statements are inherently reliable because Townsend was still under the stress of excitement resulting from the startling event of being shot when he made the statements to Lieutenant Rice and Lucille. "Being shot is a traumatic event, both physically and psychologically. Its startling effect, depending on the severity of the injury , can continue for hours or longer." Id. at 1347.
Williams also states that we must consider whether the statements were made in response to an inquiry. "A declaration does not lack spontaneity simply because it was an answer to a question. Whether given in response to a question or not, the statement must be unrehearsed and made while still under the stress of excitement from the startling event." Id. at 1346. Thus, just because Townsend's statements may have been in response to questions by Lieuten
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