Police officer to face trial for fatally shooting puppy

Independent

2 days ago

A police officer who fatally shot a puppy will go to trial on Monday in a federal lawsuit.
Apollo, an 18-week-old Catahoula Leopard dog, ran up to New Orleans officer Derrick Burmaster after he entered a yard in 2021, while responding to a report of a domestic disturbance.
The dog did not pose a threat, the department's internal investigators said.
Multiple internal investigations by the New Orleans Police Department found that the lethal shooting of Apollo, a 22-pound rescue, was 'unjustified' and violated department policies.
The puppy's owners sued Burmaster and the city of New Orleans in 2022, but in July 2023, department leadership cleared the officer of wrongdoing for his use of force.
New Orleans Independent Police Monitor Stella Cziment, whose office has closely followed the case, said that she saw no reason – save the civil lawsuit – for the department's reversal.
'I don't see how it aligns with policy; I don't understand how he was exonerated and I disagree with that finding,' she said.
Longstanding federal oversight of the city's police department put in place after a decades-long history of misconduct and culture of impunity is in the process of winding down. Department leaders have sought to reassure the public that they have built a system of transparency and accountability.
The dog's owners, Derek Brown and Julia Barecki-Brown, say Burmaster violated their constitutional rights by shooting Apollo on their property 'in the absence of an objectively legitimate and imminent threat.'
They held Apollo in their arms as he died, and are now seeking damages for emotional distress. They declined to comment via their attorney.
Burmaster and the New Orleans Police Department also declined to comment, citing pending litigation. In court filings, Burmaster's attorneys argue he was acting within the scope of his duty as a police officer when he fired the weapon.
How the shooting unfolded
On the evening of April 10, 2021, Burmaster and his partner responded to a call that a woman had been screaming inside a home in the city's Lower Garden District.
Body camera footage, police investigation records and court documents detail what happened next.
Burmaster approached the gated yard making what he described as 'kissing noises' to ascertain whether any dogs were present, and said out loud that there were none.
Soon after the officers entered through the gate, two dogs – Apollo and another larger dog owned by the family – came running and barking. The larger dog approached Burmaster's partner, who went back out through the gate. Apollo moved toward Burmaster, who covered his crotch with one hand and fired three shots with the other.
The owners of the dogs then ran out from the home, screaming at the officers.
'Oh my god, what did you do, what did you do,' Barecki-Brown shouted. 'No! No! No!'
'That's a baby, that's a puppy,' she said, sobbing hysterically.
Burmaster identified himself as a police officer, apologized repeatedly, and asked them why they let the dogs out.
'I made kissy noises – to get, if there was a dog behind this fence,' Burmaster said.
'How could you shoot a puppy?' Barecki-Brown responded. 'This is the love of our lives.'
Burmaster repeatedly told investigators that he fired his gun because he was afraid that Apollo would bite him in the genitals. In 2012, Burmaster also fatally shot another dog while grabbing his crotch for protection, police records show.
According to police records shared in court filings, there have been 11 fatal shootings of animals between 2012 and 2022 by New Orleans police officers.
During a hearing held by the department's Use of Force Review Board – which unanimously ruled Burmaster was not justified in firing his weapon – Deputy Superintendent Christopher Goodly stated 'the smaller dog posed no threat.'
Investigators noted that Burmaster did not consider non-lethal options such as kicking the dog or using his Taser. In violation of department policy, he was not carrying his baton or wearing his body armor.
Sgt. David Duplantier, of the department's training academy, later testified that he felt Burmaster had acted properly under difficult circumstances, court records show.
Burmaster's partner was sent to the hospital to treat a minor wound caused by the firing of Burmaster's gun.
Burmaster trained other field officers in the department at the time. In the five years leading up to the incident, he used force 11 times and all instances were found to be justified by the department, according to court records.
Superintendent Anne Kirkpatrick acknowledged in a deposition that she signed off on the decision to exonerate Burmaster without reviewing the bodycam footage. The officer received an 'oral reprimand' for not being properly equipped.
Apollo was a Catahoula, a medium-sized breed known for hunting and tracking prowess and is Louisiana 's state dog. The United Kennel Club, a global dog registry, describes Catahoulas as 'affectionate, gentle and loyal family companions.'