Nashville Officer Charged For Fatally Shooting Armed Suspect

Daniel Hambrick was holding a handgun when he ran away from Nashville Police Officer Andrew Delke in July, police said.

Nashville, TN – A Metropolitan Nashville police officer who fatally shot an armed man after the suspect refused to drop his weapon has been charged with criminal homicide.

Nashville Police Officer Andrew Delke, 25, turned himself in on an arrest warrant on Thursday, and was released on $25,000 bond, NBC News reported.

He will plead not guilty at his Oct. 30 preliminary hearing, the officer’s attorney, David Raybin, told The New York Times.

School surveillance footage showed Officer Delke as he fatally shot 25-year-old Daniel Hambrick on July 26, after the armed man jumped out of a vehicle with a gun in his hand and took off running.

Officer Delke radioed for backup, then chased Hambrick through the residential area.

Although Hambrick was running away from Officer Delke, he was also running towards other officers arriving at the scene, and was still holding a handgun as he fled, Raybin told The New York Times.

“Tennessee law permits a police officer to use deadly force when there is a danger to others,” Raybin said. “Officer Delke was protecting himself, his backup officers and the public.”

According to court documents, Officer Delke was part of a task force working to locate stolen vehicles, and was driving an unmarked patrol unit when he spotted a white Chevrolet Impala, NBC News reported.

The driver of the Impala conceded the right-of-way to Officer Delke at an intersection, which the officer found to be “suspicious,” the arrest warrant read.

The vehicle’s plates did not come back as stolen, so the officer followed the Impala “to see if he could develop a reason to stop” the car, according to the warrant.

The Impala drove onto an interstate, at which point Officer Delke turned on his blue lights.

The driver failed to stop, so Officer Delke turned his lights off and followed the vehicle at a distance until he ultimately lost sight of it, NBC News reported.

Just after 7 p.m., Officer Delke was patrolling in the area of the John Henry Hale Apartments when he spotted a white four-door sedan in the parking lot, WSMV reported.

The officer mistakenly believed it was the same vehicle he had been following earlier, and pulled in to investigate.

According to the Tennessee Bureau of Investigation, Hambrick “emerged from the vehicle with a firearm in his hand,” and immediately fled the scene, KMOV reported.

Surveillance footage showed Officer Delke as he chased after the armed suspect through the parking lot of the housing complex.

A different camera angle showed Hambrick as he rounded a corner and sprinted across lawns with the officer following close behind.

Officer Delke repeatedly ordered Hambrick to drop the weapon, but he refused, Nashville Fraternal Order of Police President James Smallwood told KMOV.

"When Mr. Hambrick continued to run away and did not drop the gun, Officer Delke decided to use deadly force," the warrant said, according to NBC News.

Hambrick was hit twice in the back and once in the back of his head, and the fourth round struck a building nearby.

Investigators later recovered the suspect’s weapon at the scene, they confirmed in a tweet.

Despite the fact that the armed suspect could have easily shot at the officer at any time, Hambrick’s family claimed he posed no risk to anyone and that it's legal to run from the police, according to the New York Post.

“I don’t care if I have a hand grenade in my pocket,” his uncle, Sam Hambrick said, according to the New York Post. “If I’m running away, I can’t be a threat to you.”

“Daniel runs, which is still not illegal – you can run," the Hambrick family’s attorney, Joy Kimbrough alleged during a press conference. “The police officer chases him with his gun drawn, and at some point, he slows down, and executes him.”

“I just want justice for my son,” added Hambrick’s mother, Vickie Hambrick. “That’s all I’m asking. And for all the young black guys and young women, I want justice for them. I love them all.”

Officer Delke, who graduated from the police academy in December of 2016, was “decommissioned” by the Metropolitan Nashville Police Department at the time of his arrest, Raybin told The New York Times.

Although he is not allowed to perform any active law enforcement duties, he is still a paid officer, Raybin said.

Nashville Mayor David Briley said he supported the charges against Officer Delke, and called them a “necessary step forward” in the Hambrick family’s quest for “justice,” NBC News reported.

"In August, I spoke with Daniel Hambrick's mother to express my condolences for her loss. I assured her that we would show respect for the life of her son, because his life mattered,” Briley said.

“At that time, Ms. Hambrick asked for justice for Daniel,” he continued. “The District Attorney's decision to file charges in this case is a necessary step toward that end."

Protests organized by Black Lives Matter Nashville and other groups erupted throughout Nashville after prosecutors released surveillance footage of the officer-involved shooting in August, The New York Times reported.

The National Association for the Advancement of Colored People (NAACP) and other organizations demanded that the city create a civilian board to oversee investigations into allegations of police misconduct – a measure that will be voted on in November.

"Let us say that we are excited that at last Lady Justice is truly blind, and at last a person that has committed a crime that wears blue has been" charged, NAACP Nashville President Gloria Sweet-Love told The Tennessean on Thursday.

District Attorney Glenn Funk said he decided to charge Officer Delke in General Sessions court in order to present the case against him “in as transparent a manner as possible, because the Grand Jury proceedings are secret and not open to the public,” The Tennessean reported.

Night Court Magistrate Even Harris refused to issue the warrant, and said prosecutors did not have enough evidence to support a homicide charge.

Prosecutors then took the matter to General Sessions Judge Michael Mondelli, who signed off on the warrant less than two hours later.

Comments (79)
No. 1-26
rover77
rover77

another political prosecution catering to the ignorance and avarice of the minority community

Eloise
Eloise

I support the officer who was saving lives which the suspect could have easily kill. The suspect refused to cooperate and took his gun and ran.. Officer had every right to protect the public

Burgers Allday
Burgers Allday

wait a second . . if a white sedan gets away, then an officer has the right to detain the driver of any white sedan she sees later in her shift? that doesn't sound right.

CopSpeak
CopSpeak

We're all familiar with the race card. But few realize there's another card that's played a lot more often; The Badge Card.

The Badge Card is played anytime a law enforcement officer is implicated in a crime. You know, like these Spades that someone always seems to post when an officer is charged with DWI; "They're under a lot of stress" and "You would drink too if you had to do their jobs", and, my personal favorite, "Is this all the media has to report on? How about off duty cop spanks his child?"

Or when a cop is charged with a crime in which they benefited financially, it never fails that someone will post this Diamond "They should pay us more, then he wouldn't have had to do this".

Sometimes the Badge Card is played to intimidate, slander, and even threaten those who expect accountability from law enforcement, like the ever popular "You're a cop hater" and "Only a criminal would make a comment like that". And on a recent article about creating a civilian police review board, this little Ace was left by someone purporting to be an officer "Go ahead and create a more hostile environment for police officers that make arrests and keep this city safe. Soon you find police officers that don't want to work and the criminals will take over the city.Those that make war against the police better be prepared to make friends with the criminals."

Then there are the most ominous Badge Cards of them all, the "I was in fear for my life" and "He was reaching for his waistband" cards. These Jokers are dropped in place of the throw-down guns that were once a part of the Official Police Officers Duty Belt. Rarely played when there's video to contradict, and always dealt from the bottom of the deck, these cards allow local cops to kill at will, and to trump prosecution by the DA's office.

As we've just seen, the Badge Card comes in different suits. Deciding which to play depends on whether the dealer wishes to minimize their own criminal conduct, justify it entirely, extort higher pay, or simply bully us into silence. So, next time you're stopped by a member of local law enforcement, ante up, cut the cards, and prepare to take your chances with a loaded deck.

Hi_estComnDenomn
Hi_estComnDenomn

So the cop finds someone yielding to him in traffic "suspicious," so he runs the plates to see if it's stolen. The plates were good, so he follows that car to see if they do something illegal and create a reason to stop the car. My suspicion is the driver was black.

The car gets on the highway, the cop turns on his lights but then turns them off and follows at a distance. For what? Having proper tags and obeying traffic laws?

He pulls up to a car whose license plates he JUST ran thinking this was the guy he was trying to stick with some bullshit moving violation. Someone hops out and runs away. Doesn't shoot at anything, doesn't threaten anyone, but runs away from the cop.

The cop shoots this person three times from behind when there was no imminent threat to himself or anyone else.

I guess the deceased should have been a white criminal caught in the act of stealing from a bank, then trying to run over a cop, then shooting at the cop car, then hijacking multiple cars at gunpoint.

At least maybe he would still be alive to stand trial.

LEO0301
LEO0301

This won't go anywhere in court. The officer will eventually be exonerated but in the meantime he's without a job. Sad times we live in.

GBach
GBach

“Daniel runs, which is still not illegal – you can run," the Hambrick family’s attorney, Joy Kimbrough alleged during a press conference.

Where did this hack go to law school? Last time I checked it is illegal to run from the police. Especially while wildly brandishing a gun.

SAAM
SAAM

I wonder whether stricter federal birth control laws would have prevented this tragedy known as Burgers Allday.

fedupveteran
fedupveteran

What in the hell has happened to our justice system? This thug is running away with a gun and refusing to drop it. He is a clear and present threat not only to Officer Delke, as well as the officers responding from the other direction, not to mention everyone else he comes in contact with as long as he has that gun in his hand. This is incredible.

MFLindsey
MFLindsey

We used to have an expert witness testify whenever somebody was retarded enough to say "a gun in the hand was not a threat." He had a a little dart gun with rubber tips. All the defense attorney had to do was say the word bang before the witness would shoot him. Witness would set the gun down, put it in the a pocket etc etc and shoot the defense over and over before he could say bang. Judge would be laughing, jury would be laughing as defense yelled over and over I object, I object. But everybody but the very stupidest non humans on Earth could see that a gun in the hand is a death sentence to anybody who doesn't fire first. The good old days are gone for ever and now we have mind numbingly stupid people running amok in a world Rod Serling wouldn't believe. . .

angeleyes
angeleyes

To all LEOs out there. If it's a black thug, let them do their thing with no consequence to them. I know you've sworn to protect and serve, but they'll have to fend for themselves, that way LEOs won't be fired, suspended, charged or killed. Just stay in your car unless they are actively shooting, then maybe you can protect the public, maybe not, depends on the color of their skin. hopefully, when it's all said and done and you're not charged, sue the city for PTSD regarding this case. Stay strong, stay safe.

lucrative75
lucrative75

What a joke! The.mayor is an idiot...the officer will be cleared

Mrdan
Mrdan

Where does it say you can't stop a car for what ever reason? how do you know that the officer wouldn't let the person go once he found out it was the wrong car? I'm sure you can stop someone and tell them your looking for a car that fit the description of that car and if the driver who does away from had stopped (like any normal person would have ) none of this bullshit would have happened in the first place so Mr ass hole judge ,prosecutor& no balls mayor should be looking to charge him for evading & failure to obey a police officers commands & as for the Asshole who got shot if he had stopped he'd be alive today & mommy wouldn't be crying over her good little boys death boo hoo live by the sword die by the sword

Stanracer
Stanracer

Clearly there is a large group of people out there that believe the laws don't apply to them. This has been going on for far too long. (Thanks a lot, BLM). This nonsense needs to stop. I see another big payout coming here. Sad.👎

Ladyfluterby
Ladyfluterby

I wonder what these people will say when NO ONE wants to be a police officer anymore because of crap like this. When the thugs and criminals are in control who will they blame then?

Mic911
Mic911

Mayor David Briley is an asshat!! Hambrick's life mattered? What about the officer(s) who responded and were pursuing him? Their lives matter as well, especially if the POS had shot at them. Sounds like you went to NY Mayor De Blasio's school of Caring for LEO's 101. It's simple math, you run from LE, they tell you to stop...you comply and stop. Hambrick may have been questioned and possibly arrested for the gun or even released, but he would be alive and the Officer would still be patroling the streets.

Mrs10
Mrs10

@Hi_estComnDenomn

  1. (this part edited to reflect that the car was parked when the officer made contact).

The man who ran with the gun was violating a was violating a lawful command (to drop the gun) and was brandishing a firearm. So he WAS committing a series of law infractions, not "just running away". And you can say that these are nit-picky things and they may seem that way but when all added up the picture is not of an innocent man being killed. It's one of lawlessness and evasion and very suspicious behavior.

  1. Open-carry refers to permission to have a gun readily available on the body, in a holster or sling. Carrying a fireman in hand is known as brandishing and is NOT part of open-carry rights. Furthermore open-carry does not permit a person to refuse lawful orders. He can't just run around with a gun in his hands.

  2. There are two SCOTUS cases that give clear precedence for this situation. Ironically one of them is Tenn vs Garner. I'd think that a Tennessee lawyer would at least be familiar with this case. *These two cases acknowledge that a judgment call is made very quickly given the "totality of circumstances" at the time and that someone who is fleeing CAN be shot from behind if there is articulable fear for self or "the public at large". The circumstances presented to this officer was a man who jumped out of a car on a simple traffic stop (which of course is suspicious in itself), who has a weapon in his hand (not holstered), and who continues to ignore commands to drop his weapon and stop fleeing.

To sum up: this man was brandishing a weapon, jumped out and ran while being detained at a stop, ignored lawful commands to stop, ignored lawful commands to drop the weapon, and the officer feared for his own safety and that of any bystanders/the other officers. This is a political persecution and the officer will be exonerated but not before being dragged through the muck. The city will pay out millions in a settlement because they are too scared to stand up for what's right.

injun
injun

Law Enforcement is a damned if you do and damned if you don"t situation these days. I guess to be safe drive around and do nothing and collect the check. In Nashville it is pretty clear that the mayor knows/cares nothing about law enforcement and is more concerned with keeping the votes from the black popuation. Glad I'm retired.

61mouse
61mouse

All these guys in blue must start sticking together and when one of them is charge like their brother here, they need to get together and hand in their 2 weeks notice. There are enough police forces across the country that will be glad to hire them .Let these towns,cities and states fend for themselves . They all can become just like Chicago

fedupveteran
fedupveteran

Methinks admin has missed a troll.

arizonastate42
arizonastate42

Total BS....

rdgasaway
rdgasaway

All this guy had to do was do what the officer told him to do. You see so many black males that are shot by police because they fail to do what the police officers tell them to do. The black community, in general, have no respect for the police. The black community will not hold black men accountable for their actions, it's always someone else's fault. Until they start keeping their families together and stop having so many babies out of wedlock, or at lest the fathers staying in the children's lives, giving them good life lessons, the black race will never prosper. If the black males don't step-up the black community as a whole will never get out of the hole that they are in. It all boils down to if you are out committing crimes and are in places that you shouldn't be, you are going to end up on the wrong end of the law.

rdgasaway
rdgasaway

You are right, but you can't get all the officers to stick together. You will always have a few that will not stand up against the BS from Mayors and city councils. Police officers are always on the low end of the spectrum and are not given any thought until the shit hits the fan. Then you can't get there fast enough.

Letcopsdojob
Letcopsdojob

Way to back up your officers Mayor.Your nothing but a wimp.Your worse than the Mayor you replaced.At least she had more cajones.

Letcopsdojob
Letcopsdojob

Blue lives matter

DLPS
DLPS

Charging Officer Andrew Delke with murder is a BS move. No jury is going to convict an officer of murder, when that officer is faced with an armed suspect, fleeing a crime scene, towards other officers arriving to that crime scene. Better to be judged by 12 than carried by six. Everything here screams righteous shoot. Moral of the story, "If a police officer tells you to stop running, drop the gun, and get down on the ground; its solid advice to do exactly what he says." And if the man was deaf, "Don't flee the police with a gun, in your hand. Because you wont hear anything before you feel something."