Commonwealth v. D.B.

Client was charged with several gun offenses after his ex-girlfriend called police reporting that he was trying to fight her with a gun. When the police arrive at the location the ex-girlfriend points to D.B. and says she was calling about him having a gun. Police recover a gun from a trashcan several feet from where D.B. was standing. After the ex-girlfriend failed to appear in court, the Commonwealth attempted to introduce the radio call and the her statements to police under the “excited utterance” exception to the hearsay rule. The defense moved to preclude those statements prior to trial and the judge granted the defense motion. The Commonwealth was forced to withdraw all charges.