Nashville pig guns down black man as he’s running away.. Update: The pig was charged w/ homicide...

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https://abcnews.go.com/US/family-black-man-shot-nashville-police-calls-justice/story?id=57119293

Family of black man shot by Nashville police calls for justice after surveillance video released

Surveillance video released Wednesday by the Nashville District Attorney’s Office shows the last moments of 25-year-old Daniel Hambrick's life, as he runs away from the officer who fatally shot him after a traffic stop.

The July 26 shooting of Hambrick, who was black, prompted some to question if racial bias influenced the shooting. The 25-year-old Nashville police officer who shot Hambrick, Andrew Delke, is white.

In the video, Hambrick is seen sprinting away from the officer without looking back. Delke runs after Hambrick, stops, and begins shooting.

"The police officer chases him with his gun drawn. He chases him, and at some point he slows down, and executes him," Joy Kimbrough, an attorney representing the Hambrick family, said Wednesday at a news conference held at Nashville's NAACP chapter. "He fell to the ground where he was cuffed, and left there like a dog. If there is ever a case of premeditated first degree murder, this is it."

The Tennessee Bureau of Investigations (TBI), the agency investigating the shooting, said in a statement that "Hambrick appears to have a dark-colored object in his hand." While no weapon is seen on Hambrick in the video, Nashville police tweeted out a picture of a gun on July 26 with the caption: "25-year-old man who carried this gun was shot by MNPD officer."

Nashville Mayor David Briley appeared at a news conference Wednesday as the video was being released. He called for a "comprehensive review" of Nashville's policing strategies and noted that part of the review would be to look at police staffing.

"We will be taking a very hard look at our de-escalation policies and use-of-force policies," Briley said.

The Nashville Police department has a de-escalation training program in which officers are sent to different parts of the country to learn new techniques, Nashville police chief Steve Anderson told ABC-affiliate WKRN.

"Now keep in mind, just because our officers are skilled in de-escalation procedures doesn't mean that they're always going to work," Anderson said.

The Hambrick family, along with Kimbrough and members of the Nashville NAACP chapter, were emotional as they gave a statement calling for the firing of Delke and asking that he be charged with murder. They also asked for a civil rights investigation and a review of the Nashville Police Department. The Hambrick family viewed the video for the first time Wednesday morning before it was released to the public.

James Smallwood, president of the Nashville Fraternal Order of Police, said in a statement to ABC News that his organization would have preferred the entire investigation be released at once to provide a fuller narrative and context.

Smallwood said the video appears grainy and does not depict an accurate portrayal of what happened. He claims Hambrick was asked to drop his weapon repeatedly and failed to do so.

"Had he dropped his weapon and just kept running, the conclusion of that incident would be much different than what we are faced with today," Smallwood added.

Delke was placed on routine administrative leave while the investigation is pending.

At the news conference, Kimbrough contested claims of the TBI. According to a TBI news release from July 27, Nashville police were searching the area on July 26 for stolen vehicles and witnessed a vehicle driving erratically. After an officer attempted a traffic stop, the driver fled. A short while later, the officers re-encountered the occupants of the vehicle, who exited the vehicle as Delke entered the parking lot. Hambrick then turned and ran from the officer.

Kimbrough said the vehicle belonged to Hambrick’s family friend.

Daniel Battle Griffin Jr. of Nashville's NAACP chapter said the issue is that metropolitan police are not trained on what to do if someone runs from them or if they can't see an individual's hands.

"This is not Vietnam. It's not Iraq. It's not Afghanistan,” Griffin, a veteran, said, insisting the city of Nashville is not a combat zone.

Hambrick's uncle, Sam Hambrick Jr., said he didn’t understand how Delke interpreted Hambrick running away as a threat.

"If I'm running away from you, I cannot be a threat to you. I don't care if I have a hand grenade in my pocket -- if I'm running away, I can't be a threat,” Hambrick Jr. said.

Nashville Chief of Police Anderson said that he is confident the Nashville Police Department does not discriminate based on skin color, but he finds the video disturbing.

"It's very disturbing, and I'm sure it's very disturbing for the Hambrick family to watch," Anderson said.

"You know, the death of a son to a mother is the same for her as it is for any mother in the world, and that can't be taken away. But at the same time, I can't pass any judgement. It is very disturbing, and there are a lot of questions that have to be answered. But I've come to understand over the years, having made this mistake from time to time, to make sure that I have everything before me before I pass judgement."

The overwhelming sentiment of the news conference held by Hambrick's family and the NAACP was a desire for justice without violence. Hambrick's mother, Vickie Hambrick, repeatedly expressed she wants justice for her son. A cousin of Hambrick's described him as his legally-blind mother's only child, who helped her and was about to start a new job.

"If you're going to protest, protest peacefully," Hambrick Jr. said.

"No violence," added Sam Hambrick III, a cousin of Daniel Hambrick's. "For the sake of our family, no violence."

 

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SMDH...

 

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https://fox17.com/news/local/tbi-co...into-police-shooting-death-of-daniel-hambrick

TBI completes investigation into police shooting death of Daniel Hambrick

The Tennessee Bureau of Investigation has completed their investigation into the Metro Nashville Police officer-involved shooting that resulted in the death of Daniel Hambrick. The investigation is now under review by the District Attorney’s office.

“In the case of the investigation into the shooting death of Daniel Hambrick, our investigation is generally completed, and it is currently under review by the DA’s office,” a TBI representative said. “As they review the case file, if they have additional aspects they want us to examine or provide, we’ll do so.”

Hambrick, 25, was killed during what authorities say was a traffic stop at 17th Avenue and Jo Johnson Avenue in North Nashville on July 26. Officials believe Hambrick ran from officers on foot while holding what was described as a dark object in his hand, before Officer Andrew Delke fired his gun multiple times.

As the investigation unfolds, Delke remains on administrative leave. Metro Police is expected to conduct its own investigation in its Office of Professional Accountability.

Nashville Mayor David Briley ordered the DA to release the graphic video of the incident to ensure the "transparency of the investigation." Since the video’s release, multiple community members have called for a change in Metro Police leadership.

While the case is reviewed, Hambrick's family says they will work to preserve Hambrick’s memory.

 

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https://www.tennessean.com/story/ne...police-shooting-district-attorney/1270983002/

Will the cop who fatally shot Daniel Hambrick be charged? Here's the timeline from the DA


It could be another month before it's clear if the police officer who shot and killed Daniel Hambrick will be charged with a crime.

District Attorney Glenn Funk said his office is reviewing the investigative file from the Tennessee Bureau of Investigation and is "double checking to make sure that we've got all the relevant facts" in the case. That will include "conversations with several individuals" as Funk and his team decide if there is evidence of a crime.

Funk said that would be done, and a decision would be made, "at some point between Sept. 24 and Oct. 15."

Officer Andrew Delke, 25, shot and killed Hambrick, also 25, during a July 26 foot pursuit in North Nashville. A video showed Delke, who is white, stopping to fire as Hambrick, who was black, was running away with his back to the officer.

Hambrick was hit three times from behind, including once in the back of the head. He died soon afterward.

Activists have seized on the shooting, saying it is an example of racial bias among the police force. Many have called for him to be fired and charged with a crime.

Nashville police have said Hambrick was armed during the chase. Police Chief Steve Anderson said Delke told investigators Hambrick had pointed a gun at him.

Delke, an officer assigned to the department's juvenile crimes task force, had been out looking for stolen vehicles in North Nashville when he encountered Hambrick.

At some point that evening Delke attempted to perform a traffic stop on a car Hambrick was driving. After the white Chevrolet failed to stop, Delke later encountered Hambrick and two other men in the parking lot of the John Henry Hale public housing apartments.

Hambrick ran as Delke approached. The shooting took place soon afterward.

Hambrick's death marked the second time in less than two years that a white officer shot and killed a black man during a foot pursuit. Jocques Clemmons was shot in the back by a police officer in February 2017 after he ran from a traffic stop.

Prosecutors said the officer in that case acted in self-defense after Clemmons raised a gun toward him. No charges were filed.

Anderson said the two high-profile incidents led him to order a review of department foot chase policies.

 

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This is crazy

 

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https://fox17.com/news/local/hambrick-clemmons-families-organize-sit-in-at-nashville-police-precinct

Hambrick, Clemmons families organize “sit-in” at Nashville police precinct

Shiela Clemmons-Lee, mother of Jocques Clemmons whom a Metro Police officer killed in early 2017, says her family and that of Daniel Hambrick — also shot by a Metro officer — are united as one family now in their pursuit of justice for their deceased loved ones.

“Every day you wake up and you just missed the spirit of a Daniel Hambrick, man,” said Sam Hambrick, Daniel’s cousin. “That’s what we missed the most. You just wait, wait, wait for it to come out for the result of Andrew Delke being brought up for murder charges. It’s a waiting game.”

A sit-in organized by Clemmons’ family along with the Hambricks comes as FOX 17 News first reported Monday that Nashville District Attorney Glenn Funk is reviewing the Tennessee Bureau of Investigation's findings as part of the investigation into whether Ofc. Andrew Delke acted appropriately in shooting Daniel Hambrick in July.

Nashvillians will have a chance in November to vote for a community oversight board that would allow the citizenry some oversight of police conduct.

“It is time that we let them know that they work for us,” said Shiela Clemmons-Lee at Monday’s sit-in at the East Police Precinct. “We don’t work for them. They work for us. We are the taxpayers. We pay their salary. They work for us. And it’s time that they be held accountable. It’s time that transparency be given to us.”

Clemmons-Lee has organized several “sit-ins” at the precinct since an officer shot her son in February 2017. District Attorney Glenn Funk declined to prosecute the officer that shot Clemmons.

His father Mark Lee offered some condolences to the Hambrick family as they experience a feeling all-too-real to Lee.

“I talked to Miss Hambrick and I told her it was going to be a long haul,” Lee said. “You know, like they gave us them all high hopes and lies and underhandedness. Come on now. It’s too much killing around here, especially of us. I’m not saying all the police are bad, but weed out the ones that are. I’m quite sure if you had a son or a daughter, somebody killed them, you would want some justice for your kid.”

After Clemmons died in February 2017, the city and police department changed its rules, so the Tennessee Bureau of Investigation is automatically called in to investigate the scene and officer conduct. Video showed Daniel Hambrick was running away from Ofc. Andrew Delke when Delke opened fire. Police maintain that Hambrick had a gun on him as he fled.

As the investigation unfolds, Delke remains on administrative leave. Metro Police is expected to conduct its own investigation in its Office of Professional Accountability.

Nashville Mayor David Briley ordered the DA to release the graphic video of the incident to ensure the "transparency of the investigation." Since the video’s release, multiple community members have called for a change in Metro Police leadership.

 

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https://www.tennessean.com/story/ne...drew-delke-charge-denied-homicide/1441834002/

Prosecutors file homicide charge against officer in Daniel Hambrick’s death

Nashville police officer Andrew Delke was charged Thursday in the shooting death of Daniel Hambrick Nashville Tennessean

Prosecutors on Thursday filed a criminal homicide charge against a white police officer who shot and killed a black man, securing approval from a judge after a setback earlier in the day.

It was a seismic move that is likely to electrify an already intense debate over race and policing.

District Attorney Glenn Funk’s office alleged that Nashville Officer Andrew Delke, 25, broke the law on July 26 when he shot Daniel Hambrick, who was running away during a foot chase. Hambrick, also 25, was hit three times: twice in the back and once in the back of the head.

General Sessions Judge Michael Mondelli signed off on the charge just before noon, reversing a move earlier Thursday from a magistrate who said there was not enough evidence to support a case.

The homicide charge is a remarkable rebuke of a police officer in the line of duty, and it could put the entire Metropolitan Nashville Police Department on the defensive. No Nashville police officer in recent memory has been charged after shooting someone while they were on duty.

Funk sat silently at the prosecutor's table in Mondelli's courtroom as the judge considered the charge and signed off on an arrest warrant.

Delke surrendered to be booked into jail, quickly paid his $25,000 bond and was released by Thursday afternoon.

Nashville mayor issues statement on Delke being charged

Mayor David Briley voiced support for the charge.

"In August, I spoke with Daniel Hambrick’s mother to express my condolences for her loss. I assured her that we would show respect for the life of her son, because his life mattered," Briley said. "At that time, Ms. Hambrick asked for justice for Daniel. The District Attorney’s decision to file charges in this case is a necessary step toward that end.

"I fully support our police," Briley said. "However, officers will be required to account for their actions when they have been accused of misconduct. Put simply, we must have laws that are fairly, equally and transparently applied."

The Fraternal Order of Police signaled it was ready for a tenacious legal battle. Delke's defenders say Delke was right to defend himself because he saw Hambrick holding a handgun during the chase.

Delke's defense attorney David Raybin said his client would plead not guilty.

Prosecutors did not challenge the fact that Hambrick was armed, but they rejected the self defense argument, noting in the warrant that the officer stopped running during the chase, aimed at Hambrick as he was running away and opened fire.

Prosecutors made the unusual decision to file the homicide charge in General Sessions court, meaning new details about the Tennessee Bureau of Investigation’s shooting probe will become public as it moves through the criminal justice system.

High-stakes cases like this one typically skip straight to the Davidson County grand jury, which announces or rejects charges after considering evidence in secret.

Funk said in a statement that he opted for a charge in General Sessions court to present the case "in as transparent a manner as possible, because Grand Jury proceedings are secret and not open to the public."

"As this is a pending criminal case, I will have no further extrajudicial comments," Funk said.

Reached by phone, Vickie Hambrick, Daniel Hambrick's mother, declined to comment, referring a reporter to her attorney Joy Kimbrough. Kimbrough has not yet responded.

Police Chief Steve Anderson announced Delke had been decomissioned, and that an internal investigation into Delke's conduct remains open.

"It has been my experience that as the justice process proceeds, all of the facts and circumstances concerning an investigation will become known,” Anderson said.

DA's office faced earlier setback in charges against Nashville cop
For a brief period Thursday morning, the charge against Delke appeared to be on unsure footing.

Night Court Magistrate Evan Harris, who was the first person to vet evidence in the potential criminal case, said prosecutors did not have enough proof to move forward with a homicide charge.

"Based upon their statements and the affidavit I was not going to issue this warrant," Harris said afterward.

Within 80 minutes, Funk and top members of his team had secured a reversal in Mondelli's courtroom.

Delke charge comes amid call for police oversight

Mondelli's reversal, coupled with an anticipated surge of new information from court documents, is a boon to community activists who had marched through North Nashville streets protesting Hambrick’s death and calling for more oversight for the police department. Activists have pushed for a civilian board that would have the power to investigate allegations of police misconduct — a matter that is set for the Nov. 6 ballot.

Activists from grassroots groups like Black Lives Matter and Community Oversight Now reiterated their calls for an oversight board Thursday.

"While the news is encouraging in regards to this decision, Community Oversight Now reinstates its insistence there be independent oversight of policing in Nashville," Community Oversight Now said in a statement. "There has long been a call for more
transparency in the investigations, training and misconduct of Nashville police officers."

Protests have rippled through Nashville and the nation in recent years as more scrutiny has fallen on police shootings that kill black men and boys.

In 2017, the protests in Nashville became more potent after a white police officer shot and killed Jocques Clemmons, who was black, during a foot chase in James A. Cayce Homes.

Funk declined to press charges in that case because a witness said Clemmons picked up a gun during a struggle with the officer.

But the district attorney criticized the police department for using paperwork and protocols that he said created the appearance of racial bias. The police bristled, saying Funk and his team had unfairly mischaracterized their work — Chief Steve Anderson dismissed Funk’s criticism as “political posturing.”

Funk’s decision in the Delke case is likely to widen the rift between the city’s top law enforcement agencies.

The ACLU of Tennessee cheered Funk's move to charge Delke in a statement.

“The arrest of Officer Delke for the killing of Daniel Hambrick is a crucial first step in setting the wheels of accountability and justice in motion," the statement read. "Officer Delke must receive due process during the proceedings. However, the arrest in and of itself sends an important – yet all too rare – message to the community that nobody is above the law.”

Details draw attention to traffic stop, Delke's lack of information
The lead TBI investigator, Russ Winkler, signed the arrest warrant that was issued Thursday. The warrant gives new details about the lead-up to the shooting.

Delke was driving an unmarked patrol car in North Nashville on the evening of July 26 looking for stolen cars. That evening, the warrant said, he pulled up to a stop sign at 10th Avenue North and Ponder Place.

Soon afterward, a white Chevrolet Impala pulled up to a nearby stop sign across the street at 10th Avenue North and Kellow Street. The Impala ceded the right of way and waited for the officer the officer to turn onto 10th Avenue North, which made Delke "suspicious," according to the warrant.

After waiting for a while, the Impala turned on to 10th Avenue North. Delke followed.

Delke ran the Impala’s plates and confirmed it was not stolen, the warrant said, but he continued following "to see if he could develop a reason to stop the Impala."

"After some time, Officer Delke turned on his blue lights as the Impala pulled onto I-65 South at Rosa L. Parks Blvd.," the warrant said.

The Impala did not pull over, and Delke did not chase behind it.

Delke continued looking in the area for the Impala when he pulled into a parking lot at John Henry Hale Apartments. Hambrick and other men were standing in the parking lot near another, unrelated white sedan. Delke believed the sedan was the Impala he was looking for.

Hambrick ran, and Delke chased after him.

TBI has previously reported that there is video showing Hambrick parking the white Impala in another part of the parking lot before Delke arrived, but the warrant said the officer had no way of knowing if Hambrick was connected to the Impala or the other white sedan.

"Officer Delke did not know the identity of the man he was chasing," the warrant said. "He did not know with certainty if the man was connected to the misidentified white sedan, if he was connected to the target Impala or if he was connected to either vehicle."

As Delke chased Hambrick along Jo Johnston Avenue, the warrant said, Delke "saw a gun in Mr. Hambrick's hand."

Delke gave several verbal commands, including, "Drop the gun or I'll shoot."

"When Mr. Hambrick continued to run away and did not drop the gun, Officer Delke decided to use deadly force," the warrant said. "Officer Delke stopped, assumed a firing position, and aimed his service weapon."

 

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He fired four shots, hitting Hambrick three times.

Investigators had not previously described what led Delke to attempt a traffic stop on the white Impala, saying only that the car was “travelling in an erratic pattern.” The new details could bring added examination of department traffic stops, a prominent but controversial tool.

Critics say the stops are a waste of police time and resources — and that they are used to unfairly target minority drivers. The 2016 “Driving While Black” report from local nonprofit Gideon’s Army found that black drivers were more likely than white drivers to get pulled over by police and more likely to be cited when they were.

Police officials maintain the stops improve public safety and can help officers find at-large suspects and illegally obtained guns.

 

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https://www.tennessean.com/story/ne...ed-fatal-daniel-hambrick-shooting/2617862002/

Officer Andrew Delke indicted on first-degree murder charge in the fatal shooting of Daniel Hambrick

The criminal homicide charge against Nashville police officer Andrew Delke will go to the grand jury for further consideration, Judge Melissa Blackburn said Monday in a written ruling. Michael Schwab, Nashville Tennessean

A Nashville grand jury has indicted police officer Andrew Delke on a first-degree murder charge in the fatal shooting of Daniel Hambrick, moving the unprecedented case closer to a criminal trial.

The dramatic development, announced by the district attorney's office Friday afternoon, was the latest salvo in a tense legal battle that has pitted the city's top law enforcement agencies against one another. Delke, 25, is the first Nashville officer ever to be charged after an on-duty shooting.

Delke's defense team said he would plead not guilty and push for a jury trial rather than pursuing a deal with prosecutors. He remains free on bond while the case is pending.

Case moving quickly through courts
Delke, who is white, shot Hambrick, who was black, three times in the back during a July 26 foot chase in North Nashville. Activists said Hambrick's death was a violent example of racial bias within the police force.

District Attorney Glenn Funk decided to pursue a criminal homicide charge against the officer after reviewing evidence collected by the Tennessee Bureau of Investigation, including surveillance footage showing Delke opening fire as Hambrick ran away.

Delke encountered Hambrick in a parking lot after an attempted traffic stop nearby. After Hambrick saw Delke, Hambrick ran and the officer followed behind.

Delke told investigators he was acting in self defense after he saw Hambrick holding a handgun. The officer said he started shooting after Hambrick ignored commands to drop the gun.

But General Sessions Judge Melissa Blackburn said evidence presented during a preliminary hearing showed Delke had acted inappropriately. Blackburn said Hambrick's behavior on the day of his death "certainly didn't justify (Delke's) use of lethal force."

Blackburn sent the case to the Davidson County grand jury for another round of consideration earlier this month. The panel, which typically takes months to review a charge, returned their decision within two weeks.

The 13 grand jurors had the option of rejecting the charge or choosing to indict on a menu of potential homicide charges ranging from negligent homicide to first-degree murder. They went with the most severe option of first-degree murder, meaning they thought the evidence showed Delke committed a premeditated illegal killing.

First-degree sets high bar for trial
Alex Little, a former federal prosecutor who now works as a criminal defense attorney in Nashville, said the first-degree murder charge was unusual — when officers elsewhere have been prosecuted in a shooting, it has typically been on a lower charge.

"The grand jury is sending a pretty clear message," Little said. "It certainly suggests that this is the type of case that deserves a high level of attention in our criminal justice system."

The grand jury's decision shows that the panel thought there was probable cause that Delke committed first-degree murder. But Little said the more serious charge would make prosecutors' jobs harder during a trial.

"It's a much, much higher bar," he said.

At trial, a jury must decide if the evidence meets a higher legal threshold, proving a crime beyond a reasonable doubt.

Delke's attorney David Raybin issued a statement Friday saying Delke would "continue to defend himself on the basis that he acted in accordance with his training and Tennessee law in response to an armed suspect who ignored repeated orders to drop his gun.

"While no citizen looks forward to a trial on allegations such as this, Officer Delke and his defense team will trust in the jury system," Raybin said.

Defense says Delke followed training
The Nashville chapter of the Fraternal Order of Police blasted Funk and the indictment as “politically motivated” in a statement, saying Delke was rightfully following his police training during the shooting.

“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 police union said in a statement.

Activist and religious groups that have long said police training and policies are racially biased praised Friday’s indictment. The Rev. James Turner II, president of Nashville’s Interdenominational Ministers Fellowship, said the case was “one step closer to justice.”

“Some cases have not even gotten this close, on the national level, let alone Nashville. Being charged and actually being sent to prison are two different things, and we have to see it all the way through,” Turner said. “We still have another hurdle.”

Nashville Organized for Action and Hope, a faith-based coalition that advocates for police reforms, praised prosecutors for bringing the case.

“No one is above the law," the group, known as NOAH, said in a statement. "Officer Delke should stand trial just like anyone else would have to under these circumstances — so that a jury can determine his guilt or innocence.”

Delke remains employed by the police force. He has been placed on administrative assignment while the criminal case and an internal investigation are pending.

The officer is expected to be arraigned on the first-degree murder charge later this month.

 

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https://www.nashvillepublicradio.or...ille-police-grapple-their-experience#stream/0

Two Deaths, An Unlikely Bond: Mothers Of Men Shot By Nashville Police Grapple With Their Experience

The indictment of a Nashville police officer, Andrew Delke, for fatally shooting a young black man, Daniel Hambrick, is the first time in the city’s history an on-duty officer has been charged with murder.

A year and a half earlier, the high-profile shooting of Jocques Clemmons by another Nashville officer did not result in a trial. Police advocates say both officers followed their training and acted in self-defense because Hambrick and Clemmons had guns.

The similarity of these cases has brought together the mothers of the two men who were killed, both of whom say their sons shouldn't be painted as criminals.

Last July, Sheila Clemmons Lee heard about Daniel Hambrick, who had been shot and killed by Delke. Lee said she wanted to meet Daniel's mother, Vickie, and offer help.

As the mother of Jocques Clemmons, who had been shot and killed by Nashville officer Joshua Lippert in 2017, she said she knew what Hambrick would be feeling.

"It was at the first vigil, right across from where Daniel was murdered. That's where we met," Clemmons Lee said. "I wanted to support her, and I let her know she wasn't in this by herself, that I was right there with her, and that I would fight every step of the way with her."

In the first days after her son's death, Vickie Hambrick says she worried she wouldn't have anyone to support her. She doesn't have a husband, and Daniel was her only son. He was also her caretaker: Vickie is legally blind and relied on him for everything from paying the bills to bathing.

But, when she met Clemmons Lee, "she lifted my spirit and knew what I was going through," said Hambrick.

A Different Portrait Of Justice

Since then, Hambrick and Clemmons Lee say their relationship has blossomed. They talk often on the phone and go to community meetings together. They say they feel part of the same family and that their sons are "kindred spirits."

Hambrick says she was at home when she received news that Officer Delke had been indicted on first-degree murder for shooting her son. She immediately called Clemmons Lee, who had heard about the indictment from a reporter.

"I knew why she was calling, but I wanted to hear it from her. We were just sitting there on the phone praising god. The two of us were like, 'Yes, our sons are going to get justice,' " said Clemmons Lee.

Clemmons Lee and Hambrick both say they felt their sons have been unfairly painted as criminals.

"My son is not bad, like they are trying to paint his picture to be. Everybody makes mistakes. Nobody is perfect but God," said Hambrick. "I know they said he had a gun, but ... they still shot him down like an animal."

"You can't use their background as a reason why you kill them," Clemmons Lee said.

'Sacrifice For Change'

Clemmons Lee admits it's been hard to reconcile with the fact that her son's case never made it to trial. But, she calls him a "sacrifice for change."

Since his death, there have been several changes, including an agreement signed by the Davidson County District Attorney's Office, the Metro Nashville Police Department and the Tennessee Bureau of Investigation that puts the state agency in charge of investigating all fatal police shootings in Nashville.

She has also strongly advocated for a police oversight board, which is now forming.

Clemmons Lee says those steps help fulfill a pledge she made to Jocques after his death.

"Don't think I'm crazy, but I did have a conversation with him, and he told me he was OK, and he needed me to go on with my life. The next family hasn't gone through what I went through," said Clemmons Lee. "I managed to do what I set out to do. And that's to pave the road to where they won't have to work so hard to fight so hard."

Hambrick believes Clemmons Lee has helped her son's case move forward, which she sees as having broader significance.

"If I get justice, Jocques gets justice. All the rest of the family members get justice — the ones that lost their loved ones to the police," said Hambrick.

Clemmons Lee agreed.

"Daniel's case is Jocques' case," she said.

 

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https://www.tennessean.com/story/ne...ed-fatal-daniel-hambrick-shooting/2617862002/

1st degree...he gettin off.

B/c they gotta prove the officer had the INTENT of killing him.

Smh @ training. So officers are trained to shoot suspects as they're running away?

 

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https://www.tennessean.com/story/ne...mily-sues-nashville-police-racism/3130116002/

Family of Daniel Hambrick sues Nashville for $30 million


Family members of Daniel Hambrick, the black man fatally shot by white Nashville police officer Andrew Delke, sued the city and the officer for $30 million Monday, saying racism on the force led to Hambrick's death.

Attorneys Joy Kimbrough and Kyle Mothershead filed the wrongful death lawsuit in federal court.

The 34-page complaint lays bare long-simmering criticisms of policing in Nashville and across the nation, saying officers are trained from their first days to lean on lethal force and to discriminate against people of color.

The suit says the police department created a "culture of fear, violence, racism and impunity" that Delke "internalized" at the police training academy and on the job. That culture, the lawsuit states, led to Hambrick's death on July 26.

Police spokesman Don Aaron responded to the suit with a statement saying the department "takes strong issue with this inflammatory attack on the department as a whole, our officers and our training academy."

"The Metropolitan Police Department, through counsel, looks forward to vigorously defending this lawsuit and correcting the plethora of misinformation it contains," the statement read.

The lawsuit comes as the city is preparing for a criminal trial against Delke that has put prosecutors at odds with the police union.

That court fight is already contentious, with both sides accusing the other of trying to unfairly influence the public.

A judge has ordered all evidence in the case to remain private.

But the Fraternal Order of Police has issued multiple ads, including a billboard, blasting the case as a politically motivated attack on law enforcement. The FOP repeated parts of its messaging Monday responding to the suit, saying the claim "bears no resemblance to reality."

Delke, 25, shot and killed Hambrick during a foot chase through North Nashville. Surveillance footage from the area shows Hambrick running away as Delke stops, aims and opens fire.

Hambrick was hit three times from behind.

Delke has been charged with first-degree murder in the case and is free on bond awaiting trial. He is the first Nashville officer to face criminal charges after an on-duty shooting.

Delke's lawyers said he was acting in self-defense when he shot Hambrick. Investigators said Hambrick was armed with a pistol during the chase.

When lawsuits are filed against police officers for their work in the line of duty, the city's legal department either represents the officer or hires a private lawyer to do so.

David Raybin, one of Delke's defense attorneys in the criminal case, declined to comment on the civil lawsuit "at this point" because a decision on how Delke will be represented has not been made.

Suit echoes activists' long-standing complaints about Nashville police
Many of the accusations in the Hambrick lawsuit mirror comments activists made while campaigning for a civilian oversight board to review police actions, which was approved last year by Nashville voters.

The oversight board is in its organizing stages and must officially begin work by the end of the month.

One of Delke's early lines of defense on the criminal charge was that he was accurately following his training when he decided to shoot Hambrick. The lawsuit doesn't dispute that, but blasts police training programs that "reinforce the message that officers should live in fear of citizens and that violence is an officer’s only way to avoid being killed by citizens."

Metro police pushed back at the training criticism in the department statement, saying their training has been nationally accredited and "the 21 instructors at the MNPD Academy are among the best in the nation and provide both new and veteran officers with an ever expanding and evolving curriculum."

The suit also slams the police department for "dismissing" evidence that some of its key strategies were racially biased and ineffective.

The suit stated that police brushed off the 2016 "Driving While Black" report from the nonprofit Gideon's Army. The report analyzed 2 million city traffic stops and suggested severe and institutional racial discrimination on the force.

A second study commissioned by the city and completed in 2018 by the Policing Project also found black drivers were stopped at a disproportionate rate. Further, the study found, the department's practice of making large numbers of traffic stops in high-crime areas did nothing to reduce crime.

The city reached out to the Policing Project, part of the New York University School of Law, in part because of criticism of local policing. The group has conducted similar reports for other cities.

Police Chief Steve Anderson responded to the second study by saying he would "refocus and rededicate ourselves to strengthening community partnerships and engaging neighborhood residents in public safety initiatives that do not make vehicle stops a priority."

But, the lawsuit states, the city did little to address the issues described by researchers.

Suit criticizes Delke's police work as racially biased
The suit cites data on Delke's traffic stops, showing that Delke also pulled over a disproportionate number of black drivers. Delke told investigators that he encountered Hambrick in a parking lot near a white car after trying to stop a different white car nearby.

According to data in the court documents, Delke conducted 510 traffic stops from March 4, 2017, to the day Hambrick died. In 71 percent of the stops, the driver was black. The data also showed Delke searched black drivers' cars more often than white drivers' cars.

Before he encountered Hambrick, the suit stated, Delke had "numerous violent incidents with citizens in which he failed to keep himself under control." The suit did not list specific incidents.

When describing the shooting, the suit uses language similar to that of the prosecutors who said Delke broke the law.

"When Mr. Hambrick ran, Delke had no idea who Mr. Hambrick was, had no idea whether Hambrick had any connection to the white Impala Delke was looking for, and had not seen Hambrick do anything illegal," the suit states. "However, Delke chased after Mr. Hambrick regardless."

Police tried to stop Delke from being charged, suit states
The suit further states that the police department took steps "to prevent the Grand Jury from indicting Officer Delke," including inviting multiple grand jury members to try a use-of-force simulator that trains police officers for situations when they might shoot someone.

The suit alleges the department did so "in order to convince the grand jurors that officers must 'kill or be killed,' and that citizen jurors lack the moral authority to second-guess an officer’s decision to use deadly force."

Police have said the simulator use was part of a routine trip grand jurors take to the training academy.

Prosecutors ultimately made the unusual decision not to present charges against Delke directly to that session of the grand jury.

Instead, District Attorney Glenn Funk brought a homicide charge through General Sessions court, a more public process that put early elements of the prosecution's case on display during a preliminary hearing, when a judge considers the strength of a case and decides if it should move forward.

General Sessions Judge Melissa Blackburn said there was enough evidence against Delke to justify sending the case to a second group of grand jurors. That grand jury said the case was strong enough to indict Delke on one count of first-degree murder.