Detective DeValkenaere was the arresting officer when Byron Case was taken into custody and charged with the murder of Anastasia WitbolsFeugen. The only purpose of his testimony was to indicate that Case attempted to resist arrest when DeValkenaere identified himself as a policeman.(1)
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THE COURT:
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ALBERT DEVALKENAERE, having been duly sworn by the Court, testified:
Come forward, sir.
A.Page 760 (Detectvie Albert DeValkenaere testimony)Q.Yes, I was.A.Do you remember what date that was?Q.That was on June 11th, I believe.A.Of what year?Q.Of 2001.A.And was that about 1300 hours in the afternoon?Q.Yes. one o'clock.A.One o'clock in the afternoon for us nonmilitary types?Q.Yes.A.About that time, do you recall what location you went to?Q.To his residence at 6608 East 96th Terrace.A.Is that located here in Kansas City, Missouri?Q.Yes, it is.A.When you went there, were you alone?Q.No. I was part of the violent crimes task force, but I'm also assigned with the FBI.A.So who else went with you?Q.There were members of the task force. The task force consists of Kansas City police detectives, Kansas City, Kansas police detectives, FBI agents, and we also had members of the Jackson County Sheriff's Office with us.You went and were you one of the individuals that approached the front door of the residence?
A.Page 761 (Detectvie Albert DeValkenaere testimony)Q.Yes.A.Would you tell the jurors what happened when you got to the front door?Q.We found the front door standing open. Interior door. Screen door was ajar a little bit. Wasn't quite latched.A.Let me interrupt. I should have asked another question before you go up there. How do you all arrive at that residence in the first place? Sirens? Anything like that?Q.No. We're in unmarked vehicles.A.So it's a fairly quiet approach?Q.Fairly.A.Let's describe that approach for the jury first?There is upwards of ten guys all dressed in tactical gear, Sheriff's Department logo, police department logo, FBI logo. We surround the building. We don't want anybody to misunderstand who we are. And once we get the residence secure as to perimeter, I was at the front door. The interior door was open. The screen door was not. It was closed and latched and slightly ajar like somebody had walked out, and it had not closed all the way.
Q.Page 762 (Detectvie Albert DeValkenaere testimony)A.Is everybody clearly marked and identified as law enforcement?Q.Yes. Everybody has either some type of protective garment, bulletproof vest with either "FBI", "Police", or "Sheriff" on their chest in about four-inch letters.A.Okay. As you approach the door, what then do you see?I look through the screen door, and I didn't see anybody. I yelled in a loud voice, "Police, anybody inside, come to the door." I yelled at the top of my lungs probably four or five times.After getting no response, I opened the screen door and moved to what will be a corner. At the corner, between the living room area and the hallway, that leads back to the bathroom and a couple of bedrooms. I took a position there as a position of cover while they cleared the kitchen area. The other officers cleared the kitchen area.
From that position, I continued to yell, "Police" and "anybody inside come out." About that time, Mr. Case came out of the north bedroom door on the north side. He started to turn toward me. He saw me.
Q.As soon as he saw me, he turned and ran back into that bedroom. I gave chase. And when I got to the door, just as he was trying to close it and trying to get it locked, I forced the door open. He used his body weight, I used my body weight to force against it, knocked him backward and took him into custody.A.Was there anybody else found in there?MR. FRY:No.THE COURT:Your Honor, I have no further questions of this witness.MR. LANCE:All right. Mr. Lance, do you wish inquiry of this witness?THE COURT:No inquiry.THE WITNESS:All right. Thank you, Detective. Appreciate your testimony.Thank you, sir.(The witness was excused.)