Andrew Delke case: Change of venue quest continues; judge grants request to appeal to higher court

Posted at 8:35 AM, Dec 16, 2019

NASHVILLE, Tenn. (WTVF) — The question continues on whether or not an outside jury should be brought in to hear the first-degree murder case of decommissioned Metro police officer Andrew Delke.

Delke and his attorney, David Raybin, appeared in court Monday, where Judge Monte Watkins heard new arguments.

Judge Watkins has already denied the defense's request to bring in an outside jury. However, Raybin asked Judge Watkins for permission to appeal that decision to the state appellate court. This is known as an interlocutory appeal. Watkins granted that request today, which means Raybin's quest to bring in an outside jury continues.

Delke is charged with first-degree murder in the shooting death of Daniel Hambrick in Nashville back in July of 2018.

Raybin argues that most of those in the city have already made up their mind on the case and Delke cannot get a fair trial. Prosecutors says a fair impartial jury can be found in Davidson County and the judge agreed. The trial is set for next March.

Read more: Is it possible for Andrew Delke to get a fair trial in Nashville? Lawyers ask for change of venue