Rory is being sued in for stealing $1,000.00 from the till a…

Rory is being sued in for stealing $1,000.00 from the till at the restaurant he works at. Rory wants to testify that Nick threatened him just before the theft stating, “You get me that $1,000.00 or I’ll beat you to a pulp!” Nick refuses to testify. It is likely that this statement is NOT hearsay because: