Nashville Judge Decides What Can Be Used As Evidence In Police Homicide Case | Nashville Public Radio

Nashville Judge Decides What Can Be Used As Evidence In Police Homicide Case

Dec 14, 2018

The Davidson County judge considering a homicide case against Metro Police Officer Andrew Delke is deciding what evidence should be allowed in a critical pre-trial hearing next month.

On Friday, Delke's attorneys argued they should be able to use the victim's old Facebook posts as well as his police record. Judge Melissa Blackburn ruled against the social media posts but said she will consider his convictions deemed "aggressive."

"I will allow those only, not his entire criminal history, only aggressive acts," she said from the bench.

Prosecutors have argued that the personal history of Daniel Hambrick is largely irrelevant. Delke told investigators multiple times that he didn't know the 25-year-old before shooting him as he ran away carrying a gun.

Security videos are also emerging as a focal point. Delke's attorneys want the original footage from the government housing complex in North Nashville where Hambrick died. But the server they were stored on has been overwritten and only the copies made for investigators remain.

"I think we can reasonably assume in this day and age, given the gravity of this case, that those things would be preserved. But they weren't," defense attorney David Raybin said.

Raybin said he wants his own experts to review the images and try to find out what the victim was doing with his gun as he fled.

Judge Blackburn ordered prosecutors to share any raw footage they have.

Hambrick's family packed the courtroom Friday, getting emotional at times. Delke, who has been decommissioned, sat with his attorneys in a suit and tie and did not speak.

No one took the stand, but witness are expected when Delke returns to court Jan. 4.