A former Tennessee officer was found guilty of manslaughter and sentenced to three years in prison. – Lexington-Fayette, Kentucky

Lexington-Fayette, Kentucky 2021-07-02 23:20:36 –

Nashville, Tennessee — Former Metro Police Officer Andrew Derke has pleaded guilty to manslaughter in the 2018 shooting of Daniel Hambrick.

He was sentenced to three years in prison. However, his lawyer says he is likely to serve for about 18 months.

The long-awaited trial was supposed to begin in just over a week, but on Thursday Derke’s legal team and district attorney Glenn Funk changed everything. I agreed to a judicial transaction at a lower rate.

In 2018, Derke was charged with one murder for Hambrick’s death. The accusation would have involved the possibility of facing life imprisonment.

He was booked at the Downtown Detention Center on Friday morning and placed for preventive observation. This says Davidson County Sheriff’s Office is common in these cases.

At the end of his observations, he is assigned to a DDC restricted housing unit, where he is housed alone in a 16-foot x 8-foot cell for 22 hours a day and goes for recreation alone.

A plea hearing was held on Friday morning, but was suddenly shortened thereafter Hambrick’s mother Vicky spoke, Both the district attorney and Derke sometimes yell and curse.

Warning: Graphic language

At the hearing, the judges read the statements of the Derke and Hambrick families.

Derke’s statement

“Today I plead guilty because I realize that the use of deadly force was not reasonably necessary under all circumstances. What happened on July 26, 2018 is a tragedy. Recognizing that it was true. Mr. Hambrick lost his son that day. He is responsible for her loss. These are the facts that I have to live with for the rest of my life. I don’t have to experience a loss, and the days of not thinking about my actions haven’t passed. I also recognize that my actions have affected the community and the police. I hope that I can actively contribute to the coveted debate about how to train police officers and how we as a community of police officers interact with the public. With the harm caused by my actions. Yes, I hope Mr. Hambrick’s family accepts this possibility and gets some comfort from my guilty plea today. “

Hambrick Family Statement

Attorney Joy Kimbro read the statement on behalf of Vicky Hambrick and the Hambrick family.

“My name is Vicky Hambrick. I am legally blind and asked my lawyer, Joy Kimbro, to read this statement on my behalf.

On June 1, 1993, I gave birth to Daniel Edward Hambrick. He was my only child and the love of my life. Daniel knew when I was young that I had a disability. But he never felt ashamed or embarrassed about me. He always said he loved me unconditionally and always took care of me. My son was my eyes. Things haven’t been the same since he was gone, and never the same. There is no time when I’m not thinking about Daniel. I have friends and family, but there are gaps that I can’t fill. Nothing can match my dear son. I’m angry, angry, and tired, and I hope other mothers don’t have to endure what I’ve endured over the last few years.

I oppose this so-called judicial transaction. I oppose the way the state and defense have joined forces to protect this racist and prejudiced anti-black criminal system.

My son was killed in a video by police in Nashville. My son has the right to a public jury trial. He has the right. I want the citizens of this community to make a decision. The current DA, former DA, and former colleague David Raybin came out of the course at a country golf club and said he was lucky to get it, saying his son’s life was worth three years. After all, I don’t want to bargain in the back room. ..

Everyone knows if Daniel shot and executed Derke behind his head and back, and ass when he escaped. He would have been in a death row cell waiting in an electric chair.

Derke lied about Daniel pointing his gun at him. FOP, disguised as a trade union, his terrorist-hating group, immediately launched an attack, attempting to publicly assassinate his son’s character with many lies and hints.

I have experienced a lot in the last three years as Andrew Delke patiently and patiently waited for the day he faced the jury to shoot his son to death.

Initially, Night Court Commissioner Evan Harris refused to sign an arrest warrant for the man who killed my son. The elected judge then determined that a $ 25,000 deposit was sufficient for a single murder prosecution.

The Metro Nashville Police Department never accepted accountability. In fact, they allowed the murderer to continue his work, funded by taxpayers, until he resigned on his own terms yesterday.

In an unprecedented move, the former district attorney testified to the defendant and the public. Other former high-ranking assistant DAs also worked behind the scenes to help defendants prepare for trials against people.

Eventually, the sitting DA lost nerves.

Instead of allowing the jury to rule in court, he settled for political convenience and pushed a three-year plea into my throat. I look down on this system. I despise this plea. I look down on FOP and especially on Andrew Delke. May everyone rot in hell. “

Watch the first part of the hearing before the court takes a break with the video player below.

Judge Watkins accepted Derke’s plea with the following video player:

Reaction to judicial transactions

Some are frustrated to learn that Daniel Hambrick’s death will not imprison Derke for life. Protesters gathered outside AA Birchville on Friday morning to express dissatisfaction with the judicial transaction prior to Derke’s hearing.

Levi Ismail / WTVF

A group of protesters gather outside Nashville’s Birchville, where former MNPD officer Andrew Delke appears in court to plead guilty to voluntary manslaughter.

A group of activists also gathered outside Funk’s house on Thursday night to protest the judicial deal. Mr. Funk said he spoke with his family after accepting the judicial transaction in a statement to reporters. This is controversial for supporters of the Hambrick family. Protesters told NewsChannel 5 that Funk felt he should have spoken to and consulted with the Hambrick family before making that decision.

Community leaders also issued a statement in response to the petition.

Metro Nashville Police Chief John Drake:

“Andrew Delke resigned from the Metropolitan Nashville Police Station on Thursday, July 1. Today’s conviction ends with a three-year wait by the Hambrick family, the Delke family, the police station, and Nashville as a whole. We regret the death of our relatives in Nashville. We all know that we cannot continue to move forward in today’s lawsuit, knowing that the July 26, 2018 case cannot be undone. Hopefully, our priorities continue to be accurate crackdowns, escalations, and strengthening of community partnerships. Our department continues to evolve to provide optimal service throughout Nashville. “

Senator Brenda Gilmour (D-Nashville):

“Nashville is at a crossroads. This is our city’s first guilty plea to police officers who have used illegal and deadly forces against Nashville people born and raised in the city. The sentence of the year is justice.

George Floyd has revealed a sad but painful truth. Too many black men are victims of excessive use of deadly force by police.

There is a road in front of us. As Nashbilians, we have to decide whether it is long or short.

The three-year ruling reports that Daniel Hambrick’s life was not valued by the legal system. But as your Tennessee Senator, I know that’s not the case.

During this time, my prayers are with you to his mother and father, family, and friends who are in great sorrow. We continue on the path to justice to end the police atrocities. “

Jill Fitchard, Executive Director of the Metro Nashville Community Oversight Committee:

“As Secretary-General of the Community Oversight Commission, which was established following the murder of Daniel Hambrick, I, along with the Nashville community, mourn the terrible false charges of his life and death. Deserved to be heard, like all other victims of the criminal case. Even in the end, Daniel Hambrick’s family constantly denies, deprives and liberates the feelings of blacks. We had to suffer again through the system. We witnessed the heartache and cry of the mother. The trauma of the family overflowed from the three years of waiting for justice and never closed. Two judicial systems One is for those who have a political will, and the other is weak and wants dignity, justice, justice, and equality.

Justice is to correct what is wrong. What we witnessed today was not justice, equality, fairness, or perfection. That was what it was intended to protect from the two-tier judiciary system taking responsibility for itself.

Accountability is the basis of my work for COB. I will continue to be an avid supporter of transforming the criminal law system so that the harm experienced by Nashville community members can be dealt with fairly and equitably. Daniel Hambrick’s family deserved a day in court. They went through the process and deserved a fellow jury to decide the outcome. It didn’t happen and their closure was lost. “

WTVF’s Caroline Sutton first reported this story.

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