Nashville officer’s homicide case bound over to grand jury

Nashville police officer Andrew Delke leaves after being booked on a homicide charge in the death of Daniel Hambrick, Thursday, Sept. 27, 2018 in Nashville, Tenn. Nashville District Attorney Glenn Funk said in a statement that he requested a warrant to charge officer Andrew Delke in the death of 25-year-old Daniel Hambrick. A General Sessions judge found probable cause and signed Delke’s arrest warrant Thursday after a magistrate judge ruled earlier Thursday that there wasn’t enough evidence, (Shelley Mays/The Tennessean via AP)

NASHVILLE, Tenn. — The case against a Nashville police officer accused of shooting and killing a man last summer has been turned over to a grand jury.

According to WTVF, Andrew Delke appeared in court Monday morning where he learned the latest development following a two-day preliminary hearing. The court heard Delke’s interview with the Tennessee Bureau of Investigation after the fatal shooting of 25-year-old Daniel Hambrick during that 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 could be heard saying.

The court was even shown new surveillance photos.

Judge Melissa Blackburn ultimately ruled that all the evidence was enough to move the case forward.

The video from a nearby school shows the 25-year-old officer chase and shoot Hambrick on July 26 as Hambrick fled on a sidewalk near an apartment complex.

According to the arrest affidavit presented in court, Delke was tailing a white sedan while looking for stolen vehicles and known juvenile offenders, but found the car wasn’t stolen. He “continued to follow to see if he could develop a reason to stop the Impala,” and never saw the driver or determined how many people were inside, it says.

Delke turned on his emergency lights as the car pulled onto the interstate, but followed policy and didn’t pursue. Instead, he followed from a distance, the affidavit says. Eventually, Delke lost track of the car and pulled into an apartment parking lot and mistook a different white four-door sedan for the one he was seeking, it says. Several people were in the area as Delke stopped nearby, one of them Hambrick, who began to run, the affidavit says.

Delke chased Hambrick and yelled at him to stop, though the officer didn’t know the fleeing man’s identity, the affidavit says. Delke believed Hambrick may have been connected to the car Delke misidentified, but didn’t know for sure, the affidavit says.

Delke saw a gun in Hambrick’s hand as the chase continued, and Hambrick wouldn’t drop it despite Delke’s instructions, the affidavit says. Delke “stopped, assumed a firing position, and aimed his service weapon,” firing four times, it says. One shot hit Hambrick’s back, another his torso and a third the back of his head. The fourth shot missed him.

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