KC detective will be first in nearly 80 years to stand trial for shooting of Black man

Correction: The trial of Eric DeValkenaere is the second case of a white officer charged in the shooting of a Black man in Kansas City. Two officers were acquitted of murder in the 1941 shooting of Harrison Ware.

For the first time in nearly 80 years, a white Kansas City police officer will face a criminal trial in the shooting death of a Black man.

Starting Monday, a Jackson County judge will weigh evidence against Eric J. DeValkenaere, who is accused of killing Cameron Lamb, 26, while he was parking a pickup truck in his own backyard. Lamb’s name was evoked throughout racial justice protests in Kansas City last year.

DeValkenaere faces charges of first-degree involuntary manslaughter and armed criminal action in the Dec. 3, 2019, shooting of Lamb in the 4100 block of College Ave.

Circuit Court Judge J. Dale Youngs will preside over the bench trial that is expected to last a week.

Criminologists and social activists say that prosecutors are often hesitant to bring criminal charges against an officer because securing a conviction is difficult.

In 1991, a Kansas City police officer was acquitted of involuntary manslaughter by a Clay County judge for shooting a 26-year-old man, the Associated Press reported at the time. Both the officer and the victim were white.

Since 2005, there have been 149 non-federal sworn law enforcement officers who have been arrested from on-duty killings in the United States. Of that number, only 48 have been convicted of a crime that was the result of an officer-involved shooting, according to Philip Matthew Stinson, a criminal justice professor at Bowling Green State University.

Twenty officers pleaded guilty while 28 were convicted by juries, Stinson found in his research. None of the officers were convicted in a bench trial.

Officers are often convicted of a lesser criminal charge. Only seven officers have been convicted of murder and received sentences ranging from 81 months to life in prison, Stinson concluded.

Two recent convictions include Derek Chauvin, a former Minneapolis police officer, who was captured on video pressing his knee against the neck of George Floyd for more than nine minutes. Amber Guyger, a former Dallas police officer, was convicted in 2019 for shooting Botham Jean, is another. In both cases, the officers were white and the victims were Black.

So far this year, 20 officers across the U.S. have faced murder or manslaughter charges in an on-duty killing. Last year, 16 officers were charged in civilian deaths.

In the past year, Jackson County prosecutors have brought criminal charges against five white Kansas City police officers for allegedly using excessive force against Black victims. DeValkenaere is the only officer charged in an on-duty killing.

“It is very difficult to prove and win these cases. Not only do murder charges carry a high burden of proof, police in most states have special defenses that protect them from prosecution when they believe their conduct is reasonable,” said Lauren Bonds, legal director for the National Police Accountability Project.

Bonds said studies have estimated that police shootings result in criminal prosecutions in less than 2% of incidents.

“A lot of prosecutors don’t pursue these charges because they are unlikely to win,” she told The Star in an email. “Prosecutors rely on police officers to do their job. Many prosecutors may decide to not pursue excessive force cases in order to maintain a positive relationship for collaboration going forward.”

No permission to enter

DeValkenaere allegedly shot Lamb after officers investigating a crash reported a red pickup chasing a purple Ford Mustang. Officers in a police helicopter located the truck driven by Lamb and followed the vehicle.

When Lamb pulled into his driveway at 4154 College Avenue, DeValkenaere and another detective, Troy Schwalm, arrived at the home to investigate the crash. The detectives walked onto the property, with DeValkenaere reportedly knocking over a barbecue grill and a car hood to get to the backyard.

A resident of the home, who was sitting on the porch, did not give the detectives permission to enter — nor did they ask for it, according to court records.

Before he was shot, Lamb had his left hand on the truck’s steering wheel and his cellphone in his right hand, prosecutors said.

DeValkenaere said that he fired after Lamb pointed a gun at Schwalm. Police investigating the shooting found Lamb inside the vehicle with his left arm and head hanging out of the driver’s side window. On the ground near his left hand was a handgun, according to police.

Schwalm later told the grand jury that he did not see Lamb with a weapon, prosecutors have said.

Medical records show that Lamb is right-handed and did not have full use of his left hand as a result of an injury sustained in 2015, according to prosecutors.

DeValkenaere’s lawyers have previously said that Lamb pulled a gun with his left hand.

Phone records, according to the affidavit, and a voicemail recording recovered by prosecutors showed Lamb made a phone call about the time he was shot. That call went to voicemail, and a recording of the immediate aftermath of the shooting was created.

When the prosecutor’s office announced the charges, Jackson County Prosecutor Jean Peters Baker said DeValkenaere’s conduct during the shooting was “reckless” and violated the Fourth Amendment, which prohibits unreasonable searches and seizures.

Baker’s office alleged the detectives, who were in plainclothes, did not ask for permission to walk onto the property and did not have a warrant.

Kansas City’s Fraternal Order of Police has denounced the charges, calling the indictment an example of a prosecutor “abusing her authority for political gain.”

In a previous statement to the media, the police lodge described DeValkenaere as a decorated officer. “The FOP and its 1,500 members fully support Officer DeValkenaere,” their statement said.

The police department said DeValkenaere has been an officer since September 1999 and was assigned to the investigative bureau.

“We generally do not comment on cases under litigation to ensure fairness for all sides involved,” spokeswoman Capt. Leslie said in an email to The Star.

Community outrage

Lamb’s killing was among several police use of force cases cited by a group of civil rights organizations in their petition to U.S. Attorney General Merrick Garland to launch an investigation of the Kansas City Police Department.

Gwen Grant, president/CEO of the Urban League of Greater Kansas City, said prosecutors must hold officers accountable and pursue charges against those who are criminally liable.

“The community wants to see prosecutors fight for justice for Black victims,” Grant said “This will send a strong message to cops that excessive and deadly force incidents will be prosecuted to the full extent of the law. Equal justice and accountability for all is a pathway to restoring community trust.”

Grant noted that the labor agreement between the police department and the Kansas City police lodge makes it difficult for prosecutors to move forward in filing charges against police officers.

Under the agreement, an officer being investigated in a shooting has up to 48 hours before making a statement to investigators. Officers have two working days to complete reports on other use of force incidents.

And during that same time period, the accused officer has access to crime scene information.

Prosecutors have an obligation to hold police officers accountable when they commit crimes, Grant said.

“When officers get the message that they no longer have carte blanche to kill Black men and women with impunity, they will most likely think before they recklessly shoot,” she said.

This story was originally published November 8, 2021 at 5:00 AM.