If MO governor pardons ex-cop who killed a Black man, how would KCPD handle protests?

If Missouri Gov. Mike Parson grants clemency to the ex-Kansas City police officer convicted of manslaughter for killing Cameron Lamb, Kansas City could potentially see a wave of protests that would test new guidelines KCPD created in response to 2020’s mass protests.

Eric DeValkenaere, a white officer, was sentenced to six years in prison in 2022 after shooting and killing Lamb, a Black man, outside his home in 2019. DeValkenaere has remained free on bond since then as he appeals the verdict.

Even though the appeal process is not over, Jackson County prosecutor Jean Peters Baker wrote a letter last week referencing reports that Parson may reduce or further delay DeValkenaere’s sentence. On Wednesday, Parson said it is within his power to pardon DeValkenaere.

DeValkenaere was the first Kansas City police officer to be convicted for an officer-involved shooting. Supporters of Lamb protested on the courthouse steps throughout DeValkenaere’s trial at the time, and more protests could follow if the governor grants clemency.

Kansas Citians widely criticized KCPD for how it responded to protesters in 2020 following George Floyd’s murder. At one point, six officers approached and grabbed one protester from 47th Street, pulling him into the roadway as his daughter was doused with chemicals. Another protester was standing 10 feet away from officers when a tear gas canister slammed into his leg — breaking his tibia bone through his skin.

Following the 2020 protests, the police department created a set of policies for how officers should engage protesters in the future. The new rules — approved by the Police Board of Commissioners in 2021 — prohibit officers from using less-than-lethal weapons when dispersing an unlawful assemblies and require officers to make a reasonable effort to allow protesters to continue exercising their First Amendment rights.

KCPD told The Star it has no plans of preparing for a large demonstration related to DeValkenaere, but KCPD Spokesperson Corey Carlisle said the department hosts regular refresher trainings for all of its officers on the protest policies.

Here’s a look at what KCPD’s policies say about protests.

What is an unlawful assembly?

A protest becomes an unlawful assembly if seven or more people violate a state or federal law. This can include fighting or looting, but does not include violation of municipal laws like jay-walking. Even if there are thousands of people protesting, if police find at least seven people breaking state or federal laws, the entire protest can technically be considered unlawful.

KCPD’s new policy requires that police use a gradual approach and make efforts to allow law-abiding citizens to keep protesting. Police are supposed to first try to remove or detain anyone who is violating the law before escalating the scene by using things like tear gas or pepper spray to force the crowd to disperse.

“The goal is for everyone to continue to have the right to exercise their 1st Amendment rights in peace and with the protections afforded to them by law,” Carlisle said.

When there is a major protest, KCPD will appoint a commanding officer who gets to decide if a demonstration is unlawful. That officer will assess whether there are seven or more people violating state or federal law, if there is a danger of a riot or immediate violence, the likelihood that people will voluntarily comply with police, or if the city, state or federal government declares a state of emergency.

When making that decision, the policy says actual danger or violence has to be at play for a demonstration to be deemed unlawful or for someone to be arrested. Officers cannot declare an event unlawful or make arrests if someone is just making verbal threats of future harm.

What is a gradual approach?

According to KCPD’s guidelines, officers are required to get in contact with protest organizers to let them know that the gathering is or could become unlawful. Once that communication is established, the police officer in charge is supposed to work with organizers to issue warnings if anything goes wrong.

Local activist Lora McDonald said police in the past have often escalated a scene with pepper spray or arrests within a moment’s notice, leaving little time to disperse. This leaves many law-abiding protesters wondering how they will be treated if they decide to participate in a protest, said McDonald, who is the executive director of MORE2, a faith-based organization dedicated to racial and economic justice.

McDonald said people who want to protest should beware that some officers might still see them as a threat.

“The department actively protects their interests, including Eric DeValkenaere,” she said. “We should not presume that they will be protected or that our rights will be protected. We should assume that KCPD will protect their own at all costs.”

When do you know that the protest needs to disperse?

If officers cannot calm the crowd down, they might demand that everyone leave and disperse. To make sure that people hear the order to disperse, officers are now required to use an amplification device at multiple locations so the entire crowd can hear.

“The warnings should be loud enough for individuals in the rear of the assembly to hear the orders, if possible,” said Carlisle, adding that officers should also give that dispersal order in multiple languages depending on the community that is protesting.

Officers are required to give people enough time to hear and follow those orders before taking any next steps to disperse the crowd by force.

What are the allowable uses of tear gas or other methods of force?

Using weapons on a crowd in any way should be a last resort, according to KCPD’s policy. The new rules state that less-than-lethal weapons should not be used to make a crowd disperse. They should only be used for officers to protect themselves or other people from violence.

The commanding officer is responsible for determining whether to use any weapons or chemical agents. Those decisions are made on a case-by-case basis as a last resort when there is a genuine threat of violence.

If there is a threat that police feel they can’t control, they can still use a chemical agent, arrests or a police strategy called kettling, where police form a blockade to neutralize threats. What counts as a threat is largely up to the discretion of the officer in charge at the time.

McDonald suggested those attending protests wear an extra layer of clothing just in case you have to cover your mouth or skin if a chemical agent is sprayed into the crowd. She said people can also pack bandanas or face masks so they don’t inhale any chemicals.

If someone gets sprayed in close range, she suggested using milk to help with the burning.

“Once you know they are gasing, cover up your mouth, your nose, because you can have an emergency and not be able to get out of there,” she said.

If you want to learn more about protesters’ rights and safety, check out The Star’s guide on what to know before going to a protest.