Attorneys for officer charged with murder fear he can't get a fair trial in Nashville

Posted at 6:55 AM, Sep 03, 2019
and last updated 2019-09-03 20:38:30-04

NASHVILLE, Tenn. (WTVF)  — A motion filed by attorneys for decommissioned Metro police officer Andrew Delke reveals details of their change of venue request.

Delke shot and killed Daniel Hambrick after a traffic stop in 2018. He’s been charged with first-degree murder in the case. He appeared in court last week for a brief motions hearing during which his attorney, David Raybin, requested a change of venue.

NewsChannel 5 has obtained an exclusive copy of the once-sealed motion asking for a change of venue. In it, the defense highlights what appears to be a significant racial divide in the city.

The case is expected to go to trial early next year and his attorneys don't think they can get an impartial jury.

They commissioned a public opinion survey in Davidson County. It found that 82% of survey respondents have already developed an opinion about guilt, much of that the result of media coverage.

83% of those African Americans who were familiar with the case believe that Officer Delke is guilty of murder. Whereas only 31% of Caucasians familiar with this case believe he is guilty.

The motion states such a split sets the stage "for a hung jury which is in no one's interest."

The District Attorney will now have a chance to respond to the motion. Judge Monte Watkins set that hearing for November 13.