Plaintiff's estate sued Defendant Stores claiming that Guard, one of Defendant's security personnel, wrongfully shot and killed Plaintiff when Plaintiff fled after being accused of shoplifting. Guard was convicted of manslaughter for killing Plaintiff. At his criminal trial Guard, who was no longer working for Defendant, testified that Defendant's security director had instructed him to stop shoplifters "at all costs." Because Guard's criminal conviction is on appeal, he refuses to testify at the civil trial. Plaintiff's estate then offers an authenticated transcript of Guard's criminal trial testimony concerning the instructions of Defendant's security director. This evidence is 
admissible as a statement of an agent of a party-opponent. admissible, because the instruction from the security director is not hearsay.  admissible, although hearsay, as former testimony.  inadmissible, because it is hearsay not within any exception.