Andrew Delke waives right to parole per plea agreement in first hearing post-conviction

delke parole hearing
Posted at 8:27 AM, Jan 10, 2022
and last updated 2022-01-10 21:33:53-05

NASHVILLE, Tenn. (WTVF) — Andrew Delke, a former Metro police officer serving time for the death of Daniel Hambrick, appeared virtually before a parole board on Monday to waive his right to parole consideration.

Since August, the 28-year-old has been serving time at the Davidson County Downtown Detention Center. As part of a plea agreement, Delke agreed to a three-year sentence without parole. During Monday's hearing, he reaffirmed the agreement to waive his right to parole. The short and procedural hearing was his first post-conviction and is expected to be his only hearing during his sentence.

Hambrick’s mother Vickie Hambrick along with her lawyer Joy Kimbrough were present during the hearing. Both women again expressed their anger with the plea agreement.

"I don’t think that’s fair how y’all treated me. I’ve been dealing with this for three years now, going on four. I lost my son, and [Delke] gets out in December? I don’t think it’s fair, not at all," Vickie Hambrick said."

The Hambrick family expressed outrage last summer when Delke was given a deal to plead guilty to a lesser charge just days before the trial was set to start. Delke was facing a murder charge but ultimately pleaded guilty to voluntary manslaughter. The family’s attorney begged the judge to reconsider since Hambrick’s mother had not been consulted before the deal was made.

"The only semblance of any type of justice that Ms. Hambrick can get at this time is through you and your office," Kimbrough said to the state parole board. "She’s continuously let down. The district attorney’s office nor anyone else discussed with her that there had been a deal until the day before the deal."

Ahead of the hearing, District Attorney Glenn Funk sent a letter to Sheriff Daron Hall reminding him of the Victim's Rights Amendment to the Tennessee Constitution which states she has the right to be present at any hearing in this case, and wanted to make certain that the sheriff's office will accommodate her.

In a separate letter, Funk reminded the state parole board last month that Delke waived his right to parole as part of the plea deal and should not be released early from his three-year sentence.

Attorney David Raybin, who represents Delke, also submitted a letter to the board reminding it of the plea agreement.

Delke’s sentence however could shrink by one month for every month he stays out of trouble, which could allow him to be released by December 2022.