White ex-police officer indicted on first-degree murder charge in shooting death of black man

White ex-police officer indicted on first-degree murder charge in shooting death of black man
A Nashville grand jury indicted Andrew Delke Friday. He is expected to plead guilty. (Source: WKRN/CNN)

NASHVILLE (WKRN/CNN) - A Nashville grand jury indicted a white police officer, Andrew Delke, on murder charges for shooting Daniel Hambrick - who was black - last summer.

While his lawyers said he was acting within the law, prosecutors point out Delke shot Hambrick in the back as he was running away.

“A convicted felon pointed a gun at a police officer, and that police officer has been arrested for that?” said James Smallwood, president of the Nashville Fraternal Order of Police.

Smallwood was not pleased with the verdict.

"It's unquestionable that he's going be acquitted of this, he has done nothing wrong."

Attorney General Glenn Funk, and defense attorney David Raybin laid out the evidence for two days earlier this month.

Smallwood and Raybin pointed toward Delke’s police training.

"Andrew Delke did exactly what the city trained him to do," Smallwood said.

"He followed his training, he followed the law, and he is not guilty of any crime," Raybin said.

The state saw otherwise.

“His defense is Andrew Delke was following his training,” Funk said. “He tries to paint this as a decision that’s a binary, shoot or don’t shoot. But it’s not a binary decision, and it wasn’t on that day. There were a number of options that were available.”

Now as trial looms, Smallwood is concerned what the long-term effects on Metro officers might be.

“Now officers are looking at this officer who did exactly what he was trained to do, and they have to second guess whether or not this city’s going support them when they do exactly the same thing,” he said.

The next step in the case is a criminal arraignment.

Delke’s lawyers said he plans to plead not guilty in a jury trial and will not negotiate a plea deal.

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