NASHVILLE, Tenn. (WTVF) — A judge has decided that there is enough evidence to send the case against a decommissioned Metro Nashville police officer to a grand jury.
Andrew Delke is charged with criminal homicide in the shooting death of Daniel Hambrick last summer.
The State is trying to prove that Delke, a white police officer, committed criminal homicide by shooting and killing 25-year-old Hambrick, a black man, as he ran away. According to police, Hambrick led Delke on a short foot chase prior to the shooting that occurred back on July 26, 2018.
General Sessions Judge Melissa Blackburn ruled Monday morning that there is probable cause to send the case to a grand jury.
Joy Kimbrough, an attorney for the Hambrick family, released the following statement:
"The family and supporters of Daniel Hambrick 100% agree with Judge Melissa Blackburn and her rationale for binding this homicide over to the Grand Jury. We applaud her courage while recognizing that it cannot be easy when the FOP attempts to intimidate and influence the system."
Delke appeared in court for a two-day preliminary hearing, during which his interview with the Tennessee Bureau of Investigation was played.
Read more: More testimony, closing arguments heard in officer-involved shooting pre-trial hearing
“He doesn't drop [the gun], I start to see his body movement moving in the direction that I think he's either putting his arm back to take a shot or just full on spin around like he did the first time and take a shot, so I decide to take action to beat his action and fired the shots to neutralize what I perceived as an imminent threat,” Delke was heard saying in the recording.
Hambrick's family and friends were there as that recorded interview was played for the court.
Surveillance video captured the moments that Delke shot and killed Hambrick during a chase, but new surveillance photos were also shown at the hearing.
Hambrick was shot three times – twice in the back and once in the back of the head.
District Attorney Glenn Funk told Judge Blackburn he thinks anyone who shoots someone who is running away from them should be held accountable.
What's next since Delke case is headed to the Grand Jury?
Officials with the Fraternal Order of Police released the following statement in response to Judge Blackburn's decision:
Today we learned that Judge Blackburn has decided to send Officer Andrew Delke’s case to the grand jury. Obviously, we believe that the judge made the wrong decision. We remain hopeful that the citizens on the grand jury will see the facts more clearly than the judge did. Several hours of expert testimony proved that Officer Delke had good reason to fear that his life was in danger when this convicted felon, armed with a military grade semiautomatic weapon, pointed that loaded weapon at him. While it’s tragic that Mr. Hambrick’s actions caused his own death, many more people could have been killed that day, including Officer Delke. Thousands of police families and their supporters were disgusted when District Attorney Glenn Funk compared Nashville police officers to Nazis. Our officers work diligently every day to protect and serve this community. Any suggestion that insinuates our officers are comparable to Nazis is unbecoming of a public official and he should apologize immediately. Additionally, we call on Mayor Briley and Police Chief Anderson to immediately condemn these hateful remarks. Finally, District Attorney Funk has underlined his desire to have transparency throughout this entire proceeding. If he is truly interested in transparency and fairness, to show that he’s handling this case fairly, he should agree to allow respected Use of Force Expert, Robert Allen, to testify in front of the grand jury. If District Attorney Funk refuses, it will be a clear sign to the citizens of Nashville, and those that protect it, that he’s unwilling to give the grand jury all the facts. Today’s events should bring concern to all Nashville citizens. District attorney Funk’s actions will undoubtedly create suspicion in the minds of the officers of this city that when they follow the law and their training, they can expect to be wrongfully prosecuted.
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