Attorneys argue evidence in Andrew Delke hearing

Posted: 7:00 AM, Dec 14, 2018
Updated: 2018-12-14 19:09:57-05

NASHVILLE, Tenn. (WTVF) — A pretrial hearing was held to determine what evidence will be allowed in the case of a Metro Nashville Police officer charged in the deadly shooting of Daniel Hambrick.

Andrew Delke is facing a criminal homicide charge for shooting and killing Hambrick during a foot chase near Martin Luther King Jr. Magnet School in July.

The prosecution says during the chase, Delke squared up and fired multiple rounds at Hambrick, fatally wounding him. Police reports say Hambrick was also carrying a gun.

Delke turned himself in after the arrest warrant was issued for him in September.

Nashville Police Shooting: Officer Charged With Homicide

Surveillance video from there and the nearby apartments show a chase between Delke and Hambrick that evening. It was revealed in the hearing on Friday that the raw surveillance video from the Metropolitan Development and Housing Agency (MDHA) was accidentally wiped out.

Defense attorney David Raybin told Judge Melissa Blackburn that the servers "continued on and were overwritten." The judge ruled that the state and defense should all have the same video evidence (MDHA surveillance video) in their possession.

The defense asked the judge to use three pieces of evidence: Hambrick's criminal record, Facebook photos of Hambrick and expert witnesses.

Blackburn approved to let the defense question experts on police training. She also allowed them to use Hambrick's criminal record if the parts presented were "aggressive acts." Therefore, the judge denied the evidence that Hambrick was at a gun range months prior, despite his past convictions.

Both sides were not satisified.

"I find it interesting that while we're calling for an open and transparent hearing, there's apparently a lot of things we don't want to be transparent on," Fraternal Order of Police James Smallwood said.

"I don't understand why his criminal history would be relevant. I don't because at the time of the murder, Officer Delke didn't know Daniel Hambrick, and Daniel Hambrick didn't know Officer Delke," Joy Kimbrough, Hambrick family attorney, said.

The courtroom was full of Hambrick's friends and family. Delke's family was also in the courtroom.

A preliminary is scheduled in January.