By Tribune staff
The Andrew Delke case will proceed to a grand jury. That was announced Monday as judge Marsha Blackburn ruled all the evidence brought by the prosecution was enough to move the case forward, despite defense contentions Delke acted lawfully and in defense of his life. Delke, 25 years old, shot 25-year-old Daniel Hambrick on July 26 as Hambrick was fleeing on a sidewalk near a North Nashville apartment complex. Delke appeared in court Monday morning where the announcement was made following a two-day preliminary hearing.
The arrest affidavit presented in court said Delke was tailing a white sedan while looking for stolen vehicles and known juvenile offenders, but found the car wasn’t stolen. Delke said “he continued to follow to see if he could develop a reason to stop the Impala.” But in the affidavit he says he never saw either the driver or determined how many people were inside.
The affidavit continued that Delke turned on his emergency lights as the car pulled onto the interstate. According to policy he didn’t pursue, but followed from a distance. Later Delke says he lost track of the car and pulled into an apartment parking lot, where he mistook a different white four-door sedan for the one he was seeking. Several people were in the area as Delke stopped nearby. Hambrick was among them, He began to run.
Delke chased Hambrick and yelled at him to stop. Delke acknowledged in the affidavit he didn’t know the fleeing man’s identity. He also said he believed Hambrick may have been connected to the car Delke previously misidentified, but didn’t know for sure.
Delke added he saw a gun in Hambrick’s hand as the chase continued, and Hambrick wouldn’t drop it, despite Delke’s instructions. Delke subsequently “stopped, assumed a firing position, and aimed his service weapon,” firing four times One shot hit Hambrick’s back, another his torso and a third the back of his head. The fourth shot missed him. In her ruling Blackburn said if Delke had been wearing a body camera it may have provided more weight to his claims about the necessity for shooting Hambrick.
She said Delke’s contention that Hambrick had turned towards him and aimed the gun was not supported by the submitted video evidence. Blackburn said that there was enough in what the prosecution presented to merit the case going to the grand jury. Delke’s bond remains in place. Now the next move is up to the grand jury.
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