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Former MNPD Officer Andrew Delke sentenced to 3 years in prison after entering voluntary manslaughter guilty plea

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NASHVILLE, TN (WSMV) - Former Metro Police Officer Andrew Delke has been sentenced to three years in prison for the shooting death of Daniel Hambrick after a judge accepted a plea deal during a hearing on Friday morning.

The hearing before Judge Monte Watkins turned into chaos after Vicki Hambrick, the mother of Daniel Hambrick, had an emotional outburst while making the victim’s impact statement and appeared to go after District Attorney General Glenn Funk, who was sitting nearby.

Former officer Andrew Delke was rushed from the courtroom after an emotional outburst by Vicki Hambrick.

“They better take you out of here in cuffs because I’m going to come over there and smack the s**t out of you. Oh yes I am,” Vicki Hambrick shouted toward Delke. “I hate you. Delke come into my (inaudible), you better watch your back in jail, m*** f**ker. I hate you. (Assistant District Attorney) Roger (Moore) I hate you too. You told me a g**damn lie and I hate you.”

Vicki Hambrick made her statement and outburst after her attorney, Joy Kimbrough, read her prepared statement to the court.

“I can’t believe this judge. I can’t believe it. I’ve been going through this for three years. Judge, I lost my mother, I lost my grandmother, I lot my father, my father had a stroke and a heart attack. I can’t believe this. Because of you, I lost my son’s father because of you.”

Vicki Hambrick lunged at the prosecutors after making her statement, threatening District Attorney General Glenn Funk and Delke.

“I’m going to get you. I’m going to get you, m*** f**ker. I’m going to get you, I’m going to get you,” she shouted as Delke was rushed out of the courtroom.

Vicki Hambrick was taken from the courtroom and left the courthouse before the plea deal was accepted.

After hearing the timeline of events presented in Daniel Hambrick’s shooting, Delke read a statement where he apologized to the Hambrick family for shooting and killing Daniel Hambrick.

Former Metro Police Andrew Delke makes statement about shooting Daniel Hambrick.

“I am pleading guilty today because I recognize that my use of deadly force was not reasonably necessary under all the circumstances. I recognize that what happened on July 26, 2018, was tragic,” Delke said. “Ms. Hambrick lost her son that day and I am responsible for her loss. These are facts that I will have to live with for the rest of my life, and no mother should have to experience the loss of a child, and not a day has gone by that I have not thought about my actions.

“I also recognize that my actions impact the community and the police department. I hope this case can contribute positively to the much-needed discussion about how police officers are trained and how we as a community want police officers to interact with citizens. I am deeply sorry for the harm my actions caused and I hope that Mrs. Hambrick’s family will obtain some comfort from my acceptance of responsibility in my guilty plea today.”

As part of the terms of Delke’s plea deal, he will serve three years in prison and will waive the right to appeal the case or to seek parole. He could have been eligible to seek parole after serving 30 percent of his sentence.

Attorney Joy Kimbrough reads the victim's impact statement for Vicki Hambrick, mother of Daniel Hambrick, during Friday's hearing.

Kimbrough read Vicki Hambrick’s prepared statement as part of the victim’s impact statement before the mom’s outburst.

“Since he’s been gone, things have not been the same and they never will be. There is not one hour that does by that I do not think of Daniel,” read the mom’s statement. “Even though I have friends and family, there’s a void in me that cannot be filled. Nothing and no one compares to my precious son. I am angry, mad and disgusted, but I pray that no other mother have to endure what I have endured these last three years.

“I am against this so-called plea deal. I am against the way the state and the defense join hands to protect this racist biased anti-black criminal system. My son was murdered on video by Nashville police. My son has a right, he has a right to a public jury trial. I want citizens of this community to render a judgment. I don’t want a back room where the current DA, the former DA, and their ex co-worker David Raybin emerge from some country golf club course and tell me that my son’s life was worth three years and that I’m lucky to get that. We all know that if Daniel had executed Delke by shooting him in the back of his head and in his back and in his buttocks as he ran away, he would be riding on death row waiting on the electric chair.”

After the Hambrick family left the courthouse, Delke was brought back into the courtroom and the plea deal was formally accepted. Delke was taken into custody and taken to the Davidson County Detention Center.

“It’s been a long three years and it’s never been a slam dunk case for a murder prosecution,” Funk said after the hearing. “Daniel Hambrick did have a gun and was carrying it on him. That does not mean an officer has the right to shoot him in the back as he is running away.”

District Attorney General Glenn Funk makes a statement after Andrew Delke accepts a plea agreement in the shooting death of Daniel Hambrick.

Delke was booked into the Downtown Detention Center at 10:48 a.m., according to the Davidson County Sheriff’s Office. He has been placed on precautionary observation and will be monitored closely by correctional staff.

The Davidson County Sheriff's Office said Andrew Delke would be held in the Downtown Detention Center's Restrictive Housing Unit after his pre…

Once precautionary observation ends, he will be classified and assigned to the DDC Restrictive Housing Unit. RHU cells are 16 feet by 8 feet and inmates are confined to those cells 22 hours a day. Delke will be housed alone and go to recreation alone.

Historically, inmates with similar sentences served their time at the privately-managed Metro Detention Facility. In October 2020, DCSO took responsibility for this population; therefore Delke will remain in sheriff’s office custody for the duration of his sentence.

David Raybin, attorney of Andrew Delke, issues a statement after Delke accepted a plea deal in the shooting of Daniel Hambrick in 2018.

Metro Police Chief John Drake issued a statement following the sentencing and express his condolences to the Hambrick family.

“Today’s guilty plea ends three years of waiting by the Hambrick family, the Delke family, our police department and Nashville as a whole. It has been a difficult three years for many, and I again express condolences to the relatives over his loss.

“It is my hope that with today’s court action, we can all continue to move forward, knowing that we cannot undo the events of July 26, 2018. My clear priorities continue to be precision policing, de-escalation and strengthening community partnerships. Our department has and continues to evolve to best serve all of Nashville.”

The Metro Council's Minority Caucus said Friday's plea deal "was an insult" to the Hambrick family and the Nashville community in a statement Friday afternoon.

"Today's plea deal was an insult to the family of Daniel Hambrick and the Nashville community as a whole. While we understand the risk that is associated with going to trial, accepting a three-year plea deal does not hold former Officer Delke fully accountable for his brazen actions.

"This deal ensures that Andrew Delke will be free and reunited with his family, after murdering Daniel Hambrick, in less time than many Black and Brown individuals get for significantly less egregious offenses.

"We all agree that our justice system is deeply flawed. While there is no amount of time that would bring back Daniel Hambrick, we must send a firm message of accountability in cases of police brutality. Our prayers are with the Hambrick family and the Nashville community."

Jill Fitcheard, executive director of the Community Oversight Board, issued a statement concerning the plea deal.

"I stand with the Nashville community in their heartbreak of the egregious miscarriage of justice regarding his life and death. The Hambrick family deserved to have their input, just as every other victim in a criminal case. Even at the end, Daniel Hambrick's family had to suffer through a system that continually disavows, disenfranchises, and disengages from the feelings of Black people. We witnessed a mother's heartache and a cry that will forever be etched in our memory. We saw a family's trauma spill over from a three year wait for justice that will never bring them closure. There are two justice systems at play - one for those who have political will behind them and another for those who have less power and just want decency, fairness, justice, and equality."

The Community Oversight Board was created by a referendum after Hambrick's shooting.

Watch Andrew Delke's plea agreement hearing before Judge Monte Watkins in Davidson County Criminal Court.

 

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