Prosecutor files motion to oppose bond for DeValkenaere
KANSAS Metropolis, Mo. — The Jackson County Prosecuting Attorney’s Office environment submitted a movement to oppose an attraction bond for the previous Kansas City, Missouri, police detective, Eric DeValkenaere, who was convicted of manslaughter for the Dec. 3, 2019, capturing loss of life of Cameron Lamb.
“The Point out maintains its posture that the Defendant need to not be rewarded with a exclusive standing simply because of his previous employment,” Jackson County Assistant Prosecuting Attorney Dion Sankar wrote in a movement to oppose the enchantment bond. “He should really not be taken care of additional favorably or less favorably than in the same way positioned convicted persons.”
Attorneys representing DeValkenaere, 43, who labored for KCPD from 1999 right up until January 2022, had asked Jackson County Circuit Courtroom Presiding Decide J. Dale Youngs to take into account allowing for him to continue being free of charge on bond in spite of his conviction in the course of a planned appeal.
“Although the Defendant’s standing as a convicted particular person is neither special nor special, his request to this Court docket is,” Sankar wrote.
The submitting notes that DeValkenaere — who was convicted on Nov. 19, 2021, of next-degree involuntary manslaughter and armed legal motion for the duration of a bench trial presided around by Youngs — “no more time has the presumption of innocence,” which permitted him to be no cost on bond for the duration of his demo and even as he awaits a March 4 sentencing.
Youngs has broad latitude under Missouri regulation with regard to sentencing on the manslaughter conviction, ranging from probation up to 4 years in jail and a fantastic, but armed prison action carries a mandatory a few- to 15-year sentence.
Sankar’s short goes on to say DeValkenaere’s request “improperly minimizes the importance of the verdict.”
Post-conviction, the burden of proof shifts to the defendant — in this case, DeValkenaere — to persuade the court docket “that there are solid troubles on appeal” to justify enabling bond, Sankar wrote. “And in this case, the Defendant has not performed so.”
The Jackson County prosecutor’s filing also took exception to the declare that DeValkenaere did not act with malice, noting that he “disregarded his teaching and the legislation to violate Mr. Lamb’s constitutional legal rights.”
DeValkenaere testified that he saw Lamb point a gun at his partner, Troy Schwalm, for the duration of an experience in the backyard of a residence in the 4100 block of Higher education Avenue.
Prosecutors contended, and Youngs in the long run agreed, that DeValkenaere experienced violated Lamb’s constitutional legal rights by not acquiring a warrant or acquiring permission to enter the property in advance of the lethal come upon.
DeValkenaere’s lawyers initially floated the strategy of asking Youngs for an attractiveness bond through a Jan. 26 situation management convention.
“In nearly 13 decades of executing this, I have hardly ever stayed execution (of a sentence) and I have under no circumstances ordered an charm bond submit-verdict,” Youngs, who was appointed to the 16th Circuit Court of Jackson County in 2009, explained during final month’s hearing.
A grand jury indicted DeValkenaere for killing Lamb in June 2020.
Dale Messing
Lamb experienced 3 kids. His mother, Laurie Bey, has been outspoken about his dying, lamenting that it “just did not have to be.”
Lamb’s relatives has submitted a wrongful loss of life lawsuit against DeValkenaere and the KCPD Board of Law enforcement Commissioners.
Associated | Day 1 recap: KCPD detective’s husband or wife testifies on 1st day of demo
Linked | Working day 2 recap: Lamb’s roommate testifies at KCOPD detective’s demo
Relevant | Day 3 recap: DeValkenaere testifies, denies planting proof
Linked | Working day 4 recap: Judge to make a decision the destiny of a KCPD detective
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