KANSAS CITY, Mo. — Attorneys for former Kansas City police detective Eric DeValkenaere have filed an appeal, asking for an acquittal or new trial.

One year ago, a Jackson County judge convicted DeValkenaere of involuntary manslaughter and armed criminal action in the death of Cameron Lamb in 2019. The 26-year-old father of three was shot to death while he was backing his pickup truck into his garage.

DeValkenaere’s attorneys submitted an 84-page brief to the Missouri Court of Appeals late last month. The attorney referred FOX4 to the legal brief but otherwise declined to comment.

Meanwhile, Laurie Bey, Lamb’s mother, said she’s tired but she won’t stop fighting for her son. This appeal is just her most recent battle.

“I just don’t want him to think that this is going to be so easy for him that he’s just going to get away with murder,” Bey told FOX4 on Monday.

DeValkenaere and his partner were called to Lamb’s neighborhood for a traffic incident. A police helicopter saw a red pickup, believed to have been involved in the incident, turn into Lamb’s garage. The two officers followed Lamb onto his property.

In his trial, DeValkenaere’s attorneys argued he fired at Lamb because the man was pointing a gun at his partner. DeValkenaere’s partner said he didn’t see a weapon in Lamb’s hand.

The judge handed down a six-year sentence earlier this year, saying the officers had no probable cause to believe that Lamb had committed a crime before the shooting, and had no arrest warrant, search warrant or consent to be on Lamb’s property.

Since his conviction, DeValkenaere has been free on bond as he appeals his conviction. He is no longer employed by the Kansas City Police Department.

In the new appeal, DeValkenaere’s attorney makes seven arguments, saying the lower court was wrong in convicting him. His attorneys say:

  • In 2019, Supreme Court precedent did not prohibit their entry onto Lamb’s property.
  • The state failed to prove DeValkenaere “grossly deviated” from the established standard of care.
  • Trespassing is irrelevant in the case because it does not make an officer an “initial aggressor unentitled to defend third persons from a weapon-wielding suspect.”
  • The state failed to prove DeValkenaere was the initial aggressor “since mere presence or trespass in not, itself, an attack.”
  • The state failed to prove that DeValkenaere’s presence was the cause of Lamb’s death.
  • The state failed to prove that DeValkenaere shooting Lamb was unjustified.
  • The state failed to prove that DeValkenaere’s “belief that he needed to shoot (Lamb) in order to save his fellow officer was unreasonable.”

The Missouri Court of Appeals will now consider DeValkenaere’s request for an acquittal or new trial.

“DeValkenaere is entitled to an acquittal. At the very least, he should receive a new trial where he is entitled to seek acquittal,” his attorneys wrote.

Lamb’s mother, however, hopes that won’t be the case.

“I just want some peace. I just want this to be over with,” she said.

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