Charles Randolph Thomas was convicted of malice murder and possession of a firearm during the commission of a crime arising from the shooting death of his former wife, Annette Thomas.1 On appeal, Thomas asserts that the trial court erred in admitting into evidence hearsay statements made by the victim to several witnesses within minutes after the shooting. Finding no reversible error, we affirm. The victim had obtained a divorce from Thomas in May 2006. Two months later, she was visiting a friend when she received a cell phone call from Thomas. Her friend recognized Thomas’ voice and heard his end of the conversation because he was speaking in a loud, angry manner. After Thomas informed the victim that he was at her home, she told her friend that she was going to drive home to see what he wanted, but that she would return later for dinner.
The victim arrived at her home at about 6:00 p.m. Minutes later, a passerby observed a man fitting Thomas’ description sitting on a swing talking to a woman in a car in the driveway of the victim’s home. Shortly after 6:00 p.m., the victim’s neighbor, Jack Freese, drove by the residence and saw the victim’s car parked at an angle with the rear of the vehicle against the side of the house. Freese stopped to investigate and he found the victim sitting up in the driver’s seat. She was responsive and he asked her what had happened; she replied, “my ex-husband shot me.” Freese immediately called 911 from his cell phone and told the operator that his friend had been shot. He also called neighbors Leon and Nancy Smith who arrived within minutes to assist. Nancy asked the victim what kind of vehicle the perpetrator was driving and the victim responded, a “black Ford . . . pickup” truck. Freese acted as a conduit between the 911 operator, relaying questions from the operator to Leon Smith who in turn posed the questions to the victim; Leon obtained answers from her and repeated those responses to Freese who relayed them to the operator. When the operator asked the identity of the shooter, the victim replied, “Charles Thomas,” my “ex-husband.” The victim was also asked to describe Thomas’ car; she replied that it was a black Ford truck.
