State v. Stonaker

The state appeals from a pretrial order suppressing evidence of statements the complainant made to a 9-1-1 operator and to a police officer. See ORS 138.060(3). The trial court concluded that those statements did not fall within the “excited utterance” exception to the hearsay rule. OEC 803(2). We conclude that the 9-1-1 call statements did satisfy the requirements of OEC 803(2) but that the complainant’s subsequent statements to the investigating officer did not. Accordingly, we reverse in part and affirm in part.

Defendant is charged with assault in the fourth degree, ORS 163.160,…