have the entry basis for the court's finding that recurrence it was sufficiently startling to produce a spontaneous and on reflection statement have happened to the declare that she had had no time to reflect a fair case before the state before she made her  wasn't as if she summoned him to the house and had the opportunity to tamper take this at me he or she is responding allegedly to this incident that occurred be eaten and runs out of the house and to an an circumstances it seems it's an even stronger situation for concluding that it was a spontaneous declaration the problem is that we don't really know that all of those things really more of the case and we know is that she came running out  and she ran and she fled the house so she was fleeing and the contents of her statement and her demeanor was described as being anxious she didn't call the police i mean what well we else could have been the situation in your view to find this what other factors want to they had to be there to find a spontaneous declaration some sort of the evidence regarding says he was home restraining me and and and beating me but she's outside so obviously the restraining and the beating happened prior to when she came out and we don't know if it was that why she ran out she said she ran off because he was attacking her and he was restraining yeah i think the worst thing is missing is the time element that we don't know when that much of this case rises and falls on the statement but surrounding evidence supported its admission the officer with them patrol officer for about nine years so i  sunburn we had a deaf ear and who was shaking and clearly upset who would come out of the house either begging away and of the house or banging the door but mediately before he saw her he heard the door banging part of her statement was that her boyfriend was beating her and wouldn't let her leave the implication is she either have failed him to get out of court it was her first opportunity to get out but she sort of banged her way out in addition when they get into the house and they see it in just a ray i think one can afford him for that an officer in a patrol out for nine years could tell the difference between a home that was simply an attempt and filthy versus a home that was in disarray from  trajan now in making this argument i admit that nobody says they really have to turn over or there were chairs turned over it was simply his characterization but i think the trial court in admitting the statement had the right to rely on this  the argument here counsel argue that in her brief that this defendant wasn't charged with domestic violence well again the trial court's determination whether she simply slammed the door game out or with a she did in fact it didn't push the defendant away to get out there even a banging and apparently she got out in a rough manner when he saw her almost immediately thereafter running down the street  she was clearly distressed and shaking she also had red marks on her chest when the officer waited to the home he saw in the form of just the way that he believed he indicated there had been a confrontation and when they found the defendant he was hiding under the bed which implied some form of normal activity and so it would appear that within a fairly short period of time certainly short in a period of time for her to still be distressed and shaking it wasn't like she came out and said that sure you killed me a couple of hours ago and thank god you're finally here it's that she said she is he would beat me and wouldn't let me go you know this is a fairly compelling statement police officer did she see the police officer first and then did he question her and she make this statement or how did that transpire my understanding is that she ran out of the house when the policeman and started talking before is that it supports it being sure in time and that she told the police as it is she was in effect in a position to do so and again i think it's one of these things where the trial perhaps preclude the initial but we know from the u s supreme court case in davis that that will rise and fall out surrounding circumstances we don't know what the point when she made the nine one one call if there was an ongoing urgency we don't know if you've been beating her name is now about to set the house on fire there is enormous range of possible factors that could lead to a now and one one call and things that could occur between the night when one call and the police