«Breaking News» Nashville cop caught on video shooting black man in the back indicted on first-degree murder charge

A grand jury in Tennessee indicted a white police officer on a charge of first-degree murder for killing an armed black man who ran when he saw police, according to a Friday news release from the Nashville district attorney's office.

An arrest affidavit said Nashville officer Andrew Delke, 25, pulled into an apartment parking lot after seeing a car he mistook for one he had been following last July 26 in North Nashville.

Delke had been following a 'suspicious' white Chevrolet Impala initially stopped at a stop sign, according to CNN. He had run plates and found it was not a stolen vehicle. but followed it regardless 'to see if he could develop a reason to stop the Impala.' 

Daniel Hambrick, also 25, was in the area at the time when Delke mistook his car for the Impala and pulled up in the parking lot. Hambrick began to run and can be seen gunned down from behind on a surveillance video.

Daniel Hambrick, shown, was shot in the back, torso and head as he was fleeing Officer Andrew Delke in July 26, 2018

The case sparked an outcry that led to a November referendum approving the creation of a citizen oversight board for Nashville's police force.

Delke's attorney David Raybin said in an email on Friday that he will enter a plea of not guilty to the charges. 

Before the indictment, Delke had been charged with criminal homicide, which includes murder, voluntary manslaughter and criminally negligent homicide.

Raybin reiterated his argument that Delke 'acted in accordance with his training and Tennessee law in response to an armed suspect who ignored repeated orders to drop his gun.'   

Nashville Police officer Andrew Delke sits with his attorney John M.L. Brown at the second day of his preliminary hearing on January 5, 2019, in Nashville, Tennessee

In the surveillance video, Daniel Hambrick comes around the far corner followed shortly by Officer Andrew Delke before the officer draws his weapon and a slowing Hambrick collapses

Defense attorney David Raybin demonstrates with a fake pistol during a preliminary hearing for Nashville Police officer Andrew Delke

'That's not a crime; it's what Officer Delke and every other police officer in America is trained to do to protect their life and others,' The Nashville chapter of the Fraternal Order of Police said in a statement while calling the charges 'politically motivated.' 

Judge Melissa Blackburn, however, disagreed with Raybin and the police union, stating that the evidence presented in a preliminary hearing showed that Hambrick's behavior 'certainly didn't justify (Delke's) use of lethal force,' the Tennessean reported.   

The grand jurors could have chosen to indict from a menu of homicide charges from negligent homicide to first-degree murder. 

They selected first-degree murder, showing they believe a premeditated illegal killing was committed by the police officer. 

Delke shot Hambrick in the back, torso and the back of his head.

Vickie Hambrick, mother of Daniel Hambrick, cries during the second day of a preliminary hearing for Andrew Delke

Judge Melissa Blackburn stated during the preliminary hearing Hambrick's behavior 'certainly didn't justify (Delke's) use of lethal force'

District Attorney General Glenn Funk has argued that Delke had alternatives, adding the officer could have stopped, sought cover and called for help.

Prosecutors have also pointed to the lack of video footage or witness testimony about Hambrick turning, looking back or aiming his weapon at Delke, as Delke claimed in his interview with a state investigator. 

An attorney for Hambrick's family did not immediately respond to messages from The Associated Press.

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Main photo article A grand jury in Tennessee indicted a white police officer on a charge of first-degree murder for killing an armed black man who ran when he saw police, according to a Friday news release from the Nashville district attorney’s office.
An arrest affidavit said Nashville officer Andrew Delke,...

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