“We know that because of the unique position Eric is in, we have some very real safety concerns about where he would be housed if he were to be taken into custody on the day of the sentencing,” Hastings argued.

She added, “I think it is a reasonable request just to have a feel so that Eric and his family can prepare in advance so that we have an idea of what your thoughts are.”

Youngs, however, said granting DeValkenaere bail would be unprecedented.

“In almost 13 years of doing this,” the judge said. “I have never stayed execution (of a sentence) and I have never ordered an appeal bond post-verdict.”

Youngs went on to said, “Other than Mr. DeValkenaere’s status as a police officer, I’m not exactly sure what other unique circumstances would compel me to treat him differently than I might treat somebody else in his situation given the charges.”

“The only thing I’ve ever done is remanded someone to custody,” Youngs said

The judge didn’t shut the defense down completely, he suggested that Sankar find a middle ground between release on bond and remand to custody. The judge offered county house arrest as a hypothetical but said he needed to file a motion by Feb. 25, a week before sentencing, for proper consideration.

The former officer, as of  Jan. 24 is no longer with the KCPD, was granted a $30,000 bond after the conviction. This allowed him to remain free as he awaits sentencing. He faces four years in prison on the manslaughter conviction and at least three years for the armed criminal action charge. Youngs will decide how DeValkenaere will serve his sentences, concurrently or consecutively.