NASHVILLE, Tenn. (WTVF) — Decommissioned Metro Police Officer Andrew Delke appeared in court for a motions hearing before his case goes to trial next month. Delke shot Daniel Hambrick during a foot chase back in 2018.
So far, four witnesses have been called to provide testimony. Former Metro Officer Benjamin Froehlich was the first to testify in Friday's hearing. He was also on the juvenile crimes task force with Delke.
On the day of the shooting, Froehlich said he was on duty with Delke and was searching the area for a juvenile suspected of having firearms and driving stolen cars.
Froehlich said he was in a marked car and Delke was in an unmarked patrol car. He said Delke radioed that he was concerned with a vehicle and began pursuing a white Chevrolet Impala.
Froehlich said he never saw the driver on his own, only multiple people sitting in the car. He said he lost sight of them once on the interstate.
Delke shot and killed Hambrick during a foot chase after a traffic stop.
However, the prosecution says there wasn't a threat after looking at surveillance video. Hambrick was shot in the back and killed, and Delke faces a charge of first-degree murder.
There were two major topics discussed in the courtroom.
First, a crucial video of the shooting was missing because a pole was apparently hit by lightning.
Second, a former district attorney was called to the stand. He was asked if he thought decommissioned officer Andrew Delke had probable cause to continue pursuing Hambrick after he drove on the shoulder of the interstate to get around a bus.
Torry Johnson said, “Once he became armed, I think he presented a real threat, not only to officer Delke, but to anybody in the vicinity.”
Daniel Hambrick’s mom, Vickie Hambrick, was shocked that a former district attorney was called as an expert.
Her spokesperson, attorney Joy Kimbrough, said it’s not fair. “I’ve never even known him to try a case. He’s a privileged individual that was able to win the position of district attorney based on politics, and now he’s to be some expert when the district attorney’s office now is constantly having to go back and revisit cases where people were wrongfully convicted,” Kimbrough said.
Delke’s attorney is not able to speak on that due to a gag order. The motion hearing will continue on Monday.
Delke's trial is set to start on July 12 after it was pushed back because of the pandemic. It will happen here in Davidson County. A request for a change of venue has been denied twice. Right now, Delke remains out on bond.
*Alexandra Koehn is monitoring this hearing in the courtroom. Check back for updates.