NASHVILLE, Tenn. – Officer Andrew Delke, arrested for Criminal Homicide, was booked and immediately bonded out Thursday afternoon. His bond was set at $25,000. A court hearing has been set for October 30, 2018
A Davidson County General Sessions judge signed the warrant charging Delke with criminal homicide for the fatal shooting of Daniel Hambrick in North Nashville.
The District Attorney took the warrant to Judge Michael Mondelli after Magistrate Evan Harris refused to sign off on criminal charges against Delke Thursday morning.
D.A. Glenn Funk issued this statement:
This morning I requested TBI Special Agent in Charge Russ Winkler to obtain a warrant charging officer Andrew Delke with criminal homicide. The decision to institute charges by warrant as opposed to presenting the matter directly to a Grand Jury allows this case to be presented in open court in as transparent a manner as possible, because Grand Jury proceedings are secret and not open to the public.
As this is a pending criminal case, I will have no further extrajudicial comments.
This morning’s legal maneuvers raised questions in the community.
“If the DA has made a determination that Officer Delke should be charged, the magistrate should sign the warrant so they can set bail. If the magistrate is not doing that, he is likely being racially biased,” said Daniel Griffin, a Nashville NAACP Administrator.
Click here to read the arrest warrant charging Andrew Delke with Criminal Homicide
Delke fired the shots that killed Hambrick during a foot chase on Jo Johnston Avenue in North Nashville on July 26.
Delke is a two-year veteran of the Metro Nashville Police Department who was working with the Juvenile Crime Task Force.
Since the shooting, he has been on administrative leave, while agents from the Tennessee Bureau of Investigation have been investigating.
A key piece of evidence is the dramatic surveillance video from MLK Magnet School across the street from the shooting scene.
The video shows the chase, and the moment that Delke stopped, took aim and fired his weapon. Hambrick, who was running away, was hit multiple times and fell to the ground.
The video also shows what happened after the shooting.
New video shows revealing angle on fatal police shooting in North Nashville
Officer Delke approached Hambrick with his gun drawn, but did not render aid or check to see if he had a pulse. Delke stepped toward a nearby house.
Two minutes later a second officer arrived and bent down to touch Hambrick. Other officers arriving at the scene stood over Hambrick.
First responders in a fire truck arrived four minutes after the shooting and started working on Hambrick.
When an ambulance arrived, they moved him to a stretcher and took him to the hospital where he was declared dead.
The Davidson County medical examiner said Hambrick was shot multiple times but did not reveal where. Police maintained the 25-year-old had a gun.
Multiple videos from the chase show something in Hambrick’s hand but whether the object is a gun is not clear.
News 2 reviewed surveillance videos and statements from investigators to understand how the deadly encounter started.
Investigators said it began several miles from the shooting scene. According to the TBI, officers with the Juvenile Crime Task Force were in North Nashville looking for stolen cars. They said they saw a car traveling in an erratic pattern and tried to stop it, but the driver fled the area.
Officers did not chase the car. Instead, they expanded their search area, which led them to the John Henry Hale Apartments.
Investigators looked at five surveillance cameras in the neighborhood that each captured parts of the action.
Starting at 7:02 p.m on Thursday July 26, a white car arrived and a door opened as it pulled into a parking space.
Three men emerged from the vehicle and moved quickly up the sidewalk. According to investigators, Hambrick headed in a different direction.
Thirty seconds later, an unmarked police car arrived. The officer, identified as Delke, jumped out and started chasing Hambrick with his gun drawn.
When Hambrick rounded the corner from 17th Ave. North to Jo Johnston Ave., Delke was not far behind. Seconds later, Delke opened fire.
On August 8, two weeks after the shooting, Mayor David Briley announced actions his administration would take to “make sure the city is fighting crime effectively.”
Mayor Briley met with Metro Police Chief Steve Anderson and community leaders to discuss a comprehensive review of the department’s policing strategies.
The mayor said his office had already begun working with the Policing Project prior to the tragic event. The Policing Project, housed at the New York University School of Law, is a national organization dedicated to strengthening the relationship between police and the communities they serve.
Briley said he would be leading a community process, with the help of the Policing Project, to change the policing culture in Nashville.
“We need more accountability for what happens when our police officers are on the streets, and we need to do more, on the front end, to guide how we police the city and ensure that our officers have the best training possible for defusing tense and challenging situations,” said Briley.
Reaction from the community and the Hambrick family has been strong, but restrained.
State and local NAACP leaders have called for Officer Delke to be charged with murder. The Hambrick family has asked the community for peace during the ongoing investigation.
There are also renewed calls for a community review board, led by the mother of Jocques Clemmons, the man shot by Officer Joshua Lippert last year.
Sheila Clemmons-Lee and the group called Community Oversight Now collected petitions with enough signatures to get a referendum on the November ballot.
Mayor Briley has said he favors community review, he has not spelled out exactly what kind of review board and what role it would play.
For now, Office Delke remains a member of the Metro Nashville Police Department on desk duty. His future will likely be decided by a jury.
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