The preliminary hearing for Metro Nashville officer Andrew Delke spanned two days to fit in all the testimonies. Autumn Allison, Nashville Tennessean


Update: Judge Melissa Blackburn ruled on Monday morning that the Daniel Hambrick shooing case involving MNPD officer Andrew Delke should go forward to the grand jury. Click here to read more about the decision.

General Sessions Judge Melissa Blackburn is expected to decide Monday if the criminal homicide charge against Nashville police officer Andrew Delke should move forward to the grand jury.

Delke, 25, was charged after he fatally shot Daniel Hambrick, also 25, in the back during a foot pursuit.

If Blackburn decides to send the case to the grand jury, it would be one step closer to a trial. If she decides the evidence in the case is not strong enough, it could sideline the case altogether.

Here's how the decision could play out, and what each option would mean.

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If Blackburn sends the case to the grand jury

Criminal cases must be evaluated several times to ensure evidence is strong enough to warrant a trial. General Sessions judges can be early gatekeepers in that process.

They typically preside over preliminary hearings, which provide a preview of the evidence in the case. The preliminary hearing in Delke's high-profile case was especially lengthy, stretching across two days and including closing arguments that were reminiscent of a full trial.

From the hearing: Nashville police officer says he 'had absolutely no choice' but to kill Daniel Hambrick

Judges use the evidence in the preliminary hearing to decide if there is probable cause an offense was committed.

Most cases that reach a preliminary hearing are bound over to the grand jury by a General Sessions judge. If Blackburn thinks the case against Delke is strong enough, she could follow suit.



Then the 13-member grand jury would conduct its own review in private. The grand jury would decide if a criminal charge is warranted.

If the grand jury believe it is, they would then decide how serious the charge should be. They could choose to indict on a charge as serious as first-degree murder or side with a less severe charge like manslaughter.

If at least two members of the grand jury think the case is too weak to move forward, no indictment would be issued.

If Blackburn doesn't send the case to the grand jury

While it is unusual, judges sometimes decide a case is too weak to be sent to the grand jury. If Blackburn tosses the charge out, it would sideline the case, at least for a while.

District Attorney Glenn Funk could still try to revive the charge in the future by presenting it directly to the grand jury.

Funk would have the flexibility to wait some time before going to the grand jury, or he could drop the case altogether.


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