APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Stanley E. Kroh, Judge Pro Tempore. Cause No. 49G16-1307-FD-48148.
ATTORNEY FOR APPELLANT: DANIELLE L. GREGORY, Indianapolis, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; MICHAEL GENE WORDEN, Deputy Attorney General, Indianapolis, Indiana.
NAJAM, Judge. VAIDIK, C.J., and BROWN, J., concur.
STATEMENT OF THE CASE
Gabriel McQuay appeals his convictions for criminal confinement, as a Class D felony, and battery, as a Class A misdemeanor, following a bench trial. McQuay raises a single issue for our review, which we restate as whether the trial court abused its discretion when it allowed a police officer to testify to the victim's out-of-court statements made to the officer. We affirm.
FACTS AND PROCEDURAL HISTORY
In the evening of June 5, 2013, Jerry O'Connor and his wife were driving in Indianapolis when they observed a car parked next to a curb with its door open and two people standing nearby. Because the O'Connors' car windows were down, they heard a man and a woman arguing and yelling at each other. Jerry then saw the man, whom he later identified as McQuay, " push" the woman, R.S., into the car while " she was yelling and screaming that he was hurting her." Transcript at 17. In particular, Jerry heard R.S. say, " he's going to kill me." Id. at 18. Jerry pulled his vehicle over about twenty-five yards away from the couple, got out of his car, and " yelled for him to stop hurting her." Id. at 19.
Other people starting taking notice of the events, including Jill Andry. At the same time and location she observed a car " pulled over to the side with a man punching [a woman]." Id. at 37. Jill did not " get a good look at the man" but heard the woman " yelling 'he's trying to kill me, he's trying to kill me, he took my purse' . . . over and over." Id. at 37-38. Jill called 9-1-1, and she observed the man " t[ake]
off running to . . . an apartment complex" nearby. Id ...