Current:Home > FinanceWhite officer who fatally shot Black man shouldn’t have been in his backyard, judge rules in suit -Momentum Wealth Path
White officer who fatally shot Black man shouldn’t have been in his backyard, judge rules in suit
View
Date:2025-04-13 04:07:06
A federal judge has partially sided with the family of a Black man who was fatally shot by a now-imprisoned white Kansas City, Missouri, police detective, ruling that the officer should not have entered the man’s backyard.
U.S. District Judge Beth Phillips ruled Wednesday that Eric DeValkenaere violated 26-year-old Cameron Lamb’s Fourth Amendment protection against unreasonable search and seizure by entering his property in 2019 without a warrant or other legal reason to be there.
However, Phillips declined to issue a summary judgment on the family’s claim that the ensuing shooting amounted to excessive force, and made no immediate decision on any damages in the wrongful death case filed against the Kansas City police board and DeValkenaere.
John Coyle, an attorney for Lamb’s family, said they hope the ruling will force the police board to “recognize this tragedy and do right by Cameron’s family.”
DeValkenaere is now serving a six-year sentence after he was convicted in 2021 of involuntary manslaughter and armed criminal action in the case, which has divided activists and Republican lawmakers.
The shooting happened as Lamb returned home after chasing his girlfriend’s convertible. Lamb was backing into a detached garage in the backyard when DeValkenaere and another detective, Troy Schwalm, arrived.
Phillips, who relied heavily on evidence presented in the criminal case, noted that Lamb kicked over a barricade to get into the backyard and had no legal reason to be there.
DeValkenaere testified at his trial that he fired after Lamb pointed a gun at Schwalm and that he believed his actions saved his partner’s life.
But Phillips noted that Schwalm said he never saw a gun. At the criminal trial, prosecutors argued that police staged the shooting scene to support their claims that Lamb was armed.
Phillips said that factual dispute prevents her from granting summary judgment on the issue of excessive force. A summary judgment is issued without a full trial and granted when the facts aren’t in dispute.
Lamb’s name was often invoked during racial injustice protests in Kansas City in 2020.
DeValkenaere left the police force after his conviction but remained free on bond until losing his appeal in October 2023. The Missouri Supreme Court subsequently declined to hear an appeal.
A Kansas City police spokesman said the department doesn’t comment on pending litigation.
DeValkenaere had the backing of Republican Missouri Attorney General Andrew Bailey, whose office asked the appeals court to reverse his conviction or order a new trial. That was unusual because the attorney general’s office typically defends convictions, rather than appeals them.
DeValkenaere’s wife, Sarah DeValkenaere, often uses social media to urge followers to request a pardon. Missouri Gov. Mike Parson, a former Polk County sheriff, acknowledged the pressure in an interview in August on KCMO Talk Radio.
“There’s not a week that goes by that somebody’s not reaching out to me about that issue and we’re going to see what happens here before long. I’ll leave it at that. But you know, I don’t like where he’s at. I’ll just say that,” Parson said.
Parson didn’t run for reelection because state law bars him from seeking another term. But in the GOP race to determine his replacement, all three major candidates either promised to release DeValkenaere or vowed a close review of his request for clemency.
veryGood! (7)
Related
- 'Most Whopper
- Not only New York casinos threaten Atlantic City. Developer predicts Meadowlands casino is coming
- Review: Henry Cavill's mustache leads the charge in 'Ministry of Ungentlemanly Warfare'
- Taylor Swift releases 'Tortured Poets Department' merch, sneak peek of 'Fortnight' video
- Who's hosting 'Saturday Night Live' tonight? Musical guest, how to watch Dec. 14 episode
- Pennsylvania school district cancel’s actor’s speech over concerns of activism, ‘lifestyle’
- Kermit Ruffins on the hometown gun violence that rocked his family: I could have been doing 2 funerals
- Convenience store chain where Biden bought snacks while campaigning hit with discrimination lawsuit
- Google unveils a quantum chip. Could it help unlock the universe's deepest secrets?
- First major attempts to regulate AI face headwinds from all sides
Ranking
- Brianna LaPaglia Reveals The Meaning Behind Her "Chickenfry" Nickname
- Tyler Cameron Slams Gerry Turner and Theresa Nist For Putting a Stain on Love and Bachelor Nation
- Psst! There’s a Lilly Pulitzer Collection at Pottery Barn Teen and We’re Obsessed With the Tropical Vibes
- Woman falls to her death from 140-foot cliff in Arizona while hiking with husband and 1-year-old child
- Cincinnati Bengals quarterback Joe Burrow owns a $3 million Batmobile Tumbler
- Judge hears testimony in man’s bid for a new trial for girl’s 1988 killing
- Kansas GOP congressman Jake LaTurner is not running again, citing family reasons
- Florida will open schools to volunteer chaplains
Recommendation
California DMV apologizes for license plate that some say mocks Oct. 7 attack on Israel
Oregon football player Daylen Austin charged in hit-and-run that left 46-year-old man dead
Puerto Rican parrot threatened by more intense, climate-driven hurricanes
California governor pledges state oversight for cities, counties lagging on solving homelessness
North Carolina trustees approve Bill Belichick’s deal ahead of introductory news conference
2 more endangered ferrets cloned from animal frozen in the 1980s: Science takes time
They got pregnant with 'Ozempic babies' and quit the drug cold turkey. Then came the side effects.
Alabama court authorizes executing a man convicted of killing a delivery driver