Missouri court rejects ex-KCPD detective DeValkenaere’s motion for rehearing
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EDITOR’S NOTE: This story has been updated to reflect the proper court that issued the ruling Tuesday.
KANSAS CITY, Mo. — The Missouri Court of Appeals has rejected former Kansas City police detective Eric DeValkenaere’s motion for a rehearing of his case.
In a one-page ruling Tuesday, the state’s appellate court has also denied DeValkenaere’s request to transfer the case to the Missouri Supreme Court. The same court also upheld his conviction last month.
Despite the appeals court’s decision, DeValkenaere will now be able to apply directly to the Missouri Supreme Court to move the case.
The former KCPD detective is serving a six-year prison sentence for shooting and killing Cameron Lamb in 2019. A judge found DeValkenaere guilty during a bench trial of involuntary manslaughter and armed criminal action in 2021.
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He is currently in out-of-state custody after he was transferred from the Platte County jail last month.
DeValkenaere and his partner were called to Lamb’s neighborhood for a traffic incident near East 41st Street and College Avenue on Dec. 13, 2019. A police helicopter saw a red pickup, believed to have been involved in the incident, turn into Lamb’s garage.
The two officers followed Lamb onto his property, and DeValkenaere admitted to shooting Lamb but said he was protecting his partner.
DeValkenaere appealed his conviction, but the Missouri Court of Appeals upheld the judge’s ruling last month, saying there was enough evidence to prove that he killed Lamb and acted with criminal negligence.
Then a court denied his motion to reinstate an appeal bond, leaving him behind bars while he waited for action from Jefferson City.
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DeValkenaere’s attorneys now have 15 days to file a motion directly with the Missouri Supreme Court to transfer his case to the state’s top court.
He’s also waiting for Gov. Mike Parson’s decision on his clemency application.
Parson’s office has previously confirmed it is reviewing DeValkenaere’s clemency application, which urges the governor to pardon the former KCPD detective. The governor’s office said it’s received calls and requests from private citizens calling for the same.
Lamb’s family, their legal team and the Jackson County Prosecutor’s Office, however, have all urged Parson not to pardon DeValkenaere.
“Today, the Western District Court of Appeals denied all pending motions that challenged the courts affirming the manslaughter conviction of a Kansas City police officer. The ruling today validates again the prosecution of this matter.
“Today’s decision is based on the rule of law in Missouri and focuses on the merits of this conviction. Others will view these rulings through a political lens. For that, I have no comment,” Jackson County Prosecutor Jean Peters Baker said Tuesday.
In a previous statement, Lamb’s family attorney cited the judge’s decision that DeValkenaere violated Lamb’s 4th Amendment rights from unreasonable search and seizure.
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“Every judge that has looked at this case has said this man was guilty. The conviction was upheld,” attorney David Smith said.
Parson hasn’t made a decision on pardoning DeValkenaere, a spokesperson saying this case will get a thorough review before he comes to a conclusion.
FOX4 reached to the governor’s office Tuesday for an update on DeValkenaere’s clemency request. A spokesperson said Parson has no updates to share beyond his previous comments.
