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Nashville PD officer charged with criminal homicide

Posted on 9/28/18 at 1:10 pm
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20386 posts
Posted on 9/28/18 at 1:10 pm
I am curious where the OT stands on this one. The officer shoots the guy in the back as he runs away with a gun in his hand. The officer gave the guy several verbal commands to drop the gun. Do old West rules apply? No shooting in the back. Or do you give him a chance to drop it and then blaze away? The family says it is "premeditated First Degree Murder" because the officer stopped and took the time to aim. The police union says the law allows you to shoot someone in the back if they are armed. What say the OT?

Unedited video - shooting is in first 18 seconds
quote:

A Nashville police officer caught on video shooting a man in the back as he ran away has been charged with criminal homicide.

Officer Andrew Delke was charged Thursday in connection with the July 26 shooting death of Daniel Hambrick, 25, according to an arrest warrant obtained by CNN. Delke's attorney said he plans to plead not guilty. Surveillance footage released last month by the Nashville District Attorney's Office shows Delke, 25, who is white, chasing Hambrick, who is black, until the officer aims his gun. Hambrick falls to the ground within seconds.

Delke said he saw Hambrick holding a gun and asked him to drop it as both men were running, the warrant states, adding that Delke said Hambrick did not drop his weapon. Authorities recovered a handgun from the scene, they have said. Hambrick's death has sparked outrage among residents and calls for more police accountability.


LINK
Posted by O
Mandeville
Member since Oct 2011
6801 posts
Posted on 9/28/18 at 1:12 pm to
Play stupid games win stupid prizes.
Posted by MorbidTheClown
Baton Rouge
Member since Jan 2015
76774 posts
Posted on 9/28/18 at 1:13 pm to
that fat cop wasn't interested in running after this guy
Posted by BoogaBear
Member since Jul 2013
7476 posts
Posted on 9/28/18 at 1:13 pm to
quote:

Delke, 25, who is white, chasing Hambrick, who is black,


Posted by AndyJ
Member since Jul 2008
3656 posts
Posted on 9/28/18 at 1:14 pm to
Running with a gun is still threatening.
Posted by rowbear1922
Houston, TX
Member since Oct 2008
15825 posts
Posted on 9/28/18 at 1:14 pm to
First I see or hear of this incident. If the guy was running with the pistol and attempted to fire backwards, clean shoot.

If he was just running away, although I don't agree with it, he will be convicted.
Posted by Saltwatersoul04
The Island
Member since Apr 2013
1401 posts
Posted on 9/28/18 at 1:15 pm to
He was a threat to other members of the public. Should have dropped the gun and followed commands.
Posted by brass2mouth
NOLA
Member since Jul 2007
20735 posts
Posted on 9/28/18 at 1:15 pm to
Yeah I’m not sure what else they want the cop to do outside of just letting him run away.
Posted by LSUBoo
Knoxville, TN
Member since Mar 2006
104451 posts
Posted on 9/28/18 at 1:16 pm to
quote:

The police union says the law allows you to shoot someone in the back if they are armed.


If that's really the case, then this should be pretty cut and dry.

Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 9/28/18 at 1:16 pm to
I've seen officers get away with a lot more than this shooting.

Surprised he was charged.
Posted by MorbidTheClown
Baton Rouge
Member since Jan 2015
76774 posts
Posted on 9/28/18 at 1:17 pm to
gotta shoot em in the leg and de-escalate
This post was edited on 9/28/18 at 1:17 pm
Posted by LZ83
La
Member since Sep 2016
17446 posts
Posted on 9/28/18 at 1:17 pm to
I’m good with it
Posted by brass2mouth
NOLA
Member since Jul 2007
20735 posts
Posted on 9/28/18 at 1:18 pm to
quote:

calls for more police accountability.


I can’t imagine how frustrating it must be to work in a profession that is in the wrong no matter what and a political movement that is completely against you.
Posted by Gulf Coast Tiger
Ms Gulf Coast
Member since Jan 2004
21762 posts
Posted on 9/28/18 at 1:19 pm to
This is a tough case. Both sides are going to have valid arguments to present.


I could easily argue for either side here.
Posted by The Torch
DFW The Dub
Member since Aug 2014
30430 posts
Posted on 9/28/18 at 1:19 pm to
quote:

The officer shoots the guy in the back as he runs away with a gun in his hand. The officer gave the guy several verbal commands to drop the gun


We just had one in Dallas, nearly the same thing minus the gun.

Cop got a hung jury, I was rooting for the cop.

Screw these criminals
Posted by LSUintheNW
At your mom’s house
Member since Aug 2009
37023 posts
Posted on 9/28/18 at 1:19 pm to
quote:

If he was just running away, although I don't agree with it, he will be convicted.



If the cop let's him go and the suspect kills someone else you know the city would be sued after they found out the cop let him go.
Posted by The Torch
DFW The Dub
Member since Aug 2014
30430 posts
Posted on 9/28/18 at 1:22 pm to
quote:

Hambrick's death has sparked outrage among residents and calls for more police accountability.


Idiots - Maybe raise your kids to respect the police and they will live.

Frick These shite Stains
Posted by Jimbeaux
Member since Sep 2003
21947 posts
Posted on 9/28/18 at 1:25 pm to
This seems to be covered by Supreme Court case Tennessee v. Garner

quote:

Tennessee v. Garner In Garner, the court held that when a police officer is pursuing a fleeing suspect, he or she may NOT use deadly force to prevent escape “unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.” This decision, which reversed a Tennessee statute which allowed the use of deadly force on any fleeing felon — even those who posed no imminent danger to anyone — has helped inform the creation of UOF policy across the country. Officers who use deadly force on a fleeing felon must be able to articulate probable cause that the subject posed a significant threat of death or serious physical injury at the time of the use of force. When there is media coverage of a video of a cop shooting someone in the back, police executives and experts need to explain why that officer might have reasonably believed that person posed a significant threat of death or serious physical injury.


If the victim had a gun in his hand, it gets pretty easy to establish reasonable belief of immediate and significant threat of danger.
This post was edited on 9/28/18 at 1:29 pm
Posted by LSUBoo
Knoxville, TN
Member since Mar 2006
104451 posts
Posted on 9/28/18 at 1:30 pm to
quote:

police executives and experts need to explain why that officer might have reasonably believed that person posed a significant threat of death or serious physical injury.


I'm no legal expert, but if I was on the jury, I think I'd allow "he was fleeing with a gun and refused to drop it" as reason to believe that he posed a significant threat to others.
Posted by SPEEDY
2005 Tiger Smack Poster of the Year
Member since Dec 2003
88370 posts
Posted on 9/28/18 at 2:38 pm to
This post was edited on 9/24/20 at 7:03 pm
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