News 2 has obtained the evidence that was presented during Metro Police Officer Andrew Delke’s preliminary hearing.
Delke is charged with criminal homicide in the shooting death of Daniel Hambrick. The officer’s hearing was held Friday and spilled over into Saturday morning.
The evidence includes pictures, audio and video. There are also hundreds of pages of evidence including maps, Delke’s interview transcript and Hambrick’s autopsy.
However, it’s what isn’t in evidence that the prosecution and defense say is important.
While surveillance video shows most of the chase between Delke and Hambrick, there are two to three seconds of it that are obstructed and not captured on video.
Pictures taken by the Tennessee Bureau of Investigation are supposed to show Officer Delke’s perspective in that void.
The defense says in that space, Hambrick turned his head and looked at Officer Delke with the gun pointed in his direction.
“I saw the gun come out and I 100 percent identified it as a gun,” Delke said during his interview with the TBI following the shooting. “Nothing else but a gun and saw him. I mean he didn’t completely turn around and start walking backward, but he, you know, turned his body toward me. His head turned completely toward me and looked directly at me and the gun was pointed in my direction at that point.”
However, the prosecution said Delke couldn’t see Hambrick in that space and there wasn’t time for Hambrick to turn and point the gun while running.
“Is it physically possible that Mr. Hambrick could have turned around and then pointed the gun at Officer Delke in that voided out space while still sprinting?” asked Assistant District Attorney Ronald Dowdy of TBI Agent Steve Kinnard Friday.
“I think it would be very difficult,” Kinnard answered.
The defense also concentrated on Delke’s training and the danger police officers face.
Delke’s attorneys played a video of an officer-involved shooting from 2016 in Estill, South Carolina. It showed an officer being shot while holding a taser. The officer, Quincy Smith, survived the attack.
“How long does it take to have a gun and turn it to fire at a pursuing officer? A heartbeat,” said Delke’s attorney David Raybin.
But in her order, Judge Melissa Blackburn agreed with the prosecution’s assertion that there isn’t enough evidence to show Hambrick posed a threat of serious bodily injury to Delke when the Metro officer opened fired.
“The video is also clear, as he’s running away, as he’s shot in the back that Daniel Hambrick never breaks stride,” said District Attorney Glenn Funk.
The case will head to a grand jury, which will decide to indict or not. Only the prosecution will present.