KANSAS CITY, Mo. — A Kansas City man, Daniel Fox, is accusing KCPD of implementing a new policy after the conviction former detective Eric Devalkanaere.
Devalkenaere shot and killed Cameron Lamb at his home in 2019.
Last November, he was convicted of second-degree manslaughter and armed criminal action. He was sentenced to six years in prison.
That case centered around the fourth amendment and whether Devalkanaere had the legal right to be on the property when he shot and killed Lamb.
KSHB 41's Megan Abundis dug deeper into the claims and questioned police about the change alleged in the suit.
Fox and his attorney, Sarah Duggan, say there’s an unspoken policy that some officers aren’t taking action because of Devalkanaere's conviction.
The lawsuit claims a first amendment violation, retaliation and conspiracy to violate a citizen's rights.
It allegedly happened in KCMO's Brookside neighborhood last month.
Fox and his attorneys allege that he called police after someone broke into his neighbor’s house. Fox says police showed up, but didn’t go inside the house.
“Because Daniel was confused about why they left so fast, he calls the police back and asks them,” Duggan said. “The response he got was, 'Their hands were tied.'”
Fox took to social media asking why the officers left and alleges he got a voicemail from a KCPD captain.
That captain claimed the guilty verdict against Devalkaneare changed how the department does things.
A transcription of the alleged voicemail was included in the lawsuit:
You posted something on Twitter begging for attention, so I was calling you back to try to explain to you our procedures our limitations that have been placed upon us since the 4th amendment ruling concerning Eric DeValkenaere that was passed down like last year that strictly limited our ability to go on private property without owner consent or without vast knowledge on something happening like someone screaming for help inside. We no longer search abandoned houses without a warrant from a judge to go in, it strictly limited our ability to provide the public with safety and that’s something you citizens need to know. That ruling had a direct impact on what we can do. Which is affecting you and I don’t agree with it, we should be able to meet your need We should be able to go into a house that’s next to you to keep you safe but we no longer do that because if we go in there and somebody is in there that belongs in there for some reason ya know maybe one of the college students is back and he aims a gun and we shoot at him then we are gonna be brought up on charges so we have to be very careful on how we proceed on those things. I’m sorry you had that experience, but many citizens are going to have that same experience but it’s kind of out of the police’s hands until that judgment is overturned on appeal so that we can go back to our business to keep citizens safe, you take care buh-bye.
KSHB 41 requested any policy changes the department made as a result of the verdict.
A KCPD spokesperson said there haven’t been any.
“What we think happened is, the Devalkanaere verdict came out and the police department said to themselves like he said in the voicemail — we don’t want to be brought up on charges, now they over-corrected,” Duggan said.
Redacted records obtained by KSHB 41 News show that KCPD sent out a legal bulletin hours after the conviction of Devalkanaere.
Responding to a KSHB 41 open record request, KCPD sent us an email with a legal bulletin.
The email is dated on Nov. 19, 2021, just hours after the guilty verdict of Devalkanaere came down.
KCPD says legal bulletins are not public record and did not share it with us.
"Some policies are redacted from public view by our office of general counsel upon their approval," a KCPD spokesperson said. "When redacted, this is done to ensure compliance with the Missouri Sunshine Law."
The department's policy on forced entry is also redacted on its website on Section E of the last page.
“What we believe is that there is an active policy right now based off of that voicemail that says we’ve changed what we are doing, whether that’s in writing — it doesn’t matter," Duggan said.
Many worry about inaction from KCPD, including Jackson County Prosecutor Jean Peters Baker, who says she’s heard the same thing multiple times—people claiming police told them "their hands were tied."
“If there are members of KCPD that misunderstand their own policy and procedure, they need to get into some remedial training immediately,” Peters Baker said. “If they need more training, they should ask for it. When they’ve articulated a basis for us believing they don’t understand the policy, then they need to be retrained immediately.”
KSHB 41 reached out to interim Chief of Police Joseph Mabin who sent the following statement:
I spoke with Jean this morning and she understandably expressed her concerns in regard to allegations in a recently filed lawsuit.
I am always concerned when a citizen’s perception of our actions does not inspire trust. We always endeavor to provide excellent customer service. In this case, a citizen did not feel that way. We have multiple checks and balances that ensure laws and policies are followed. I relayed this to jean and that I appreciated our conversation and open dialogue very much.
I reiterated to her today as I do to the public now, we will continue to work together and both strive daily to uphold the 4th amendment while we keep the community safe.
Police went on to say that they take complaints very seriously and want people to feel safe when they bring their concerns about an officer's conduct.
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