DA compares Delke case to behavior of Nazis; Defense calls his remarks war on officers

FOX 17 News photo

The question in the Delke case that is still unanswered is pretty simple. Was Officer Andrew Delke following the law when he shot an armed suspect who refused to drop a weapon? Or did he break the law and commit murder?

Andrew Delke's defense team never argued that Daniel Hambrick was shot. It's on tape for everyone to see.

Their entire argument was that the shooting was legal. From the moment Delke breathlessly called in a man with a gun to the three times he says he warned Hambrick to drop the gun.

“This case is very simple the warrant says that Mr. Hambrick had a pistol in his hand. The law says the officer can use deadly force if commands to drop the gun. Officer Delke ordered him to drop the gun three times. No one is disputing that,” said Delke’s attorney David Raybin.

And if a suspect doesn't drop the gun, the law says the officer can use lethal force if "the officer has probable cause to believe that the individual to be arrested poses a threat of serious bodily injury, either to the officer or to others unless immediately apprehended," reads Tennessee law.

But Judge Melissa Blackburn disagreed with the defense and wrote that "this evidence did not demonstrate that Mr. Delke was in imminent danger for his life at that time."

Neither the judge or the prosecution suggested Mr. Delke did not follow his training as a police officer

But District Attorney Glenn Funk compared shooting a running man to the behavior of the Nazis during World War II.

“His argument that this is training. That's what Himmler said at Nuremberg. That’s what Calley said in Vietnam. Now Delke is purporting that argument in this court,” said District Attorney General Glenn Funk.

Delke's defense team says that statement defamed the entire police department.

“By making such inflammatory comments that have no place in this city or a courtroom, District Attorney Funk has declared war on our police our officers. Metro Nashville police officers are not Nazis," the defense said.

District Attorney Funk says that he supports the police department and that his statement referred only to Officer Delke not the entire Metro Nashville Police Department.

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