KANSAS CITY, Mo. — An appeals court judge granted the Missouri Attorney General’s Office a sixth motion for an extension in seven months in former Kansas City, Missouri, police officer Eric DeValkenaere’s conviction appeal.
DeValkenaere was convicted of second-degree involuntary manslaughter and armed criminal action after a November 2021 bench trial in the shooting death of Cameron Lamb.
DeValkenaere was sentenced to six years in jail in March 2022 and immediately filed a notice of intent to appeal. That appeal was filed in early November 2022, but the Missouri Attorney General’s Office — which oversees appeals cases in the state — has yet to respond to the appeal.
The latest order, which was filed Friday and signed by Missouri Court of Appeals Western District Chief Judge Gary Witt warns that “absolutely no further extensions will be granted.”
Despite a somewhat-less-stern order issued May 4, which also indicated that “no further extensions will be granted,” Witt granted one final motion for extension.
Attorney General Andrew Bailey’s office must file a response to DeValkenaere’s appeal by June 26.
Lamb was killed Dec. 3, 2019, when DeValkenaere followed his partner, Troy Schwalm, onto a property in the 4100 block of College Avenue without a warrant.
After knocking down a makeshift fence to reach the backyard, where Lamb was backing a truck into the garage of the residence, DeValkenaere said he saw Lamb point a gun at his partner and opened fire.
Jackson County Circuit Court Presiding Judge J. Dale Youngs decided that DeValkenaere and his partner were on the property in violation of Lamb’s constitutional rights before the shooting. He was found guilty after a four-day bench trial.
Youngs allowed DeValkenaere to remain free while his appeal is pending in a ruling before last year’s sentencing, so the former KCPD officer has yet to report to jail despite the conviction.
KSHB 41 has reached out to Bailey's office, the Jackson County Prosecuting Attotney's Office, which secured the original conviction, and DeValkenaere's attorney for comment after the sixth extension was granted.
Asked if the state attorney general's office will be prepared to proceed June 26, a spokesperson for Bailey's office replied: "We continue to examine the case."
Jackson County declined to comment on a pending case and DeValkenaere's attorney did not respond as of Friday evening.
Lamb's family filed a wrongful death lawsuit against DeValkenaere and the KCPD Board of Police Commissioners.
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