Judge Limits ‘Excited Utterance,’ in 911 Call during shooting Trial

By Keirah Chen - March 5, 2025
Court | Daily Stories | Domestic Violence | Non-Fatal Shooting | Suspects |

DC Superior Court Judge Jason Park ruled that only certain parts of a 911 call connected to a non-fatal shooting could be admitted as evidence in the case, asserting that the victim’s statements were not an “excited utterance” and must be partially omitted, during a hearing on Feb. 28.  An excited utterance in response to a shocking event can be admissible, and an exception to the rule against hearsay testimony.

Roger Jones, 42, and Riley Benjamin, 31, are charged with assault with intent to kill while armed, aggravated assault knowingly while armed, assault with a dangerous weapon, three counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm. 

Jones is also charged with carrying a pistol without a license outside the home or business, threat to injure or kidnap a person, unauthorized use of a vehicle, fleeing a law enforcement officer, and simple assault. These charges stem from his alleged involvement in a shooting and assault that occurred on Jan. 22, 2022, on the 1400 block of Okie Street, NE. 

During the hearing, the prosecution submitted a motion to include a 911 call made by the victim as evidence in the case. The defense opposed the motion, wanting to omit certain parts of the call. 

In the call placed the day of the crime, the victim of the assault identified Jones as her baby’s father and stated that the defendant followed her to a bar and stole her pocketbook. She also said he allegedly threatened to kill her.

Judge Park ruled that this call was not an “excited utterance,” as she was coherent in talking to the operator. Therefore, the only part of the call that can be admitted is when the victim identifies the defendant. 

The defense also motioned to sever the counts, arguing that there is a clear break between an assault and a shooting. They asked the counts in the indictment be severed into three groups: counts related to the shooting incident, counts related to fleeing law enforcement, and counts related to the domestic dispute. Judge Park denied this motion, stating the counts are properly joined and severance is not warranted. 

The defense also motioned to suppress evidence acquired from Jones’ phone, arguing there was no probable cause for the seizure. Judge Park denied the motion, saying he did find evidence of probable cause in seizing the phone. 

Parties are slated to reconvene on March 19.