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A Tennessee grand jury indicted a white police officer on first-degree murder charges for fatally shooting a Black man in the back as he ran away from the officer. Officer Andrew Delke stopped Daniel Hambrick for “erratic driving” on July 26, 2018.

The officer was allegedly searching for stolen vehicles when the 25-year-old Hambrick fled the scene. Then Delke fired shots subsequently killing him.

Delke claimed he fired his gun because Hambrick would not surrender his firearm. A gun was recovered at the scene is believed to be Hambrick’s. According to CNN, the officer’s remained with the department on administrative duty until his official arraignment.

Delke’s attorney David Louis Raybin said the officer will plead not guilty to the first-degree murder charges. Raybin plans to base his defense on the argument Delke was following his police training.

“Officer Andrew Delke will 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,” Raybin said.

Delke is the first Nashville deputy charged with fatally shooting a civilian, according to Nashville Public Radio.

Andrew Delke is expected to appear in court for his arraignment before the end of January.

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