Latest news with #Burmaster
Miami Herald
5 hours ago
- Miami Herald
Puppy too young to bark is shot dead by Louisiana cop, suit says. Trial begins
A federal jury trial has begun in a civil case brought by the owners of a rescue puppy they say was too young to bark when a New Orleans police officer shot the dog dead at their Louisiana home more than three years ago. Derek Brown and his wife, Julia Barecki-Brown, found their 4-month-old puppy Apollo bleeding when they stepped outside after hearing what they first thought were fireworks near their home in the Lower Garden District, a neighborhood of New Orleans, on April 10, 2021, according to their lawsuit. Moments before, New Orleans police officer Derrick Burmaster and his partner arrived at the couple's residence in response to a noise complaint, a second amended complaint filed in the case says. After banging on a gate surrounding the couple's home to check whether any dogs were there, the officers entered and then encountered Apollo and another dog running toward them, the complaint says. Burmaster drew his gun and fired three shots at Apollo, hitting the pup with one bullet that 'passed right through him — entering through the back of Apollo's neck and exiting through Apollo's chest,' attorneys representing Apollo's family wrote in the filing. Then the Browns came out to find Apollo, a Catahoula Leopard dog weighing about 22 pounds and nearly 18 inches tall, shot, according to the complaint. 'Mr. Brown held Apollo as he died from the gunshot wound,' the complaint says. The couple's lawsuit, first filed in March 2022, says Burmaster has a history of using force and that New Orleans Police Department internal affairs investigations found he was 'unjustified' in shooting Apollo. However, the department's leaders decided in July 2023, after the lawsuit's filing, that Burmaster's actions were justified, according to The Associated Press, which first reported on the civil case making it to trial. The Browns are suing Burmaster, the city and former police superintendent Shaun Ferguson on seven causes of action, including civil rights violations. The trial in New Orleans federal court began the morning of June 9. In response to McClatchy News' request for comment on June 9, the New Orleans Police Department declined to comment on the case because it is pending. Attorneys representing Burmaster, the city and Ferguson didn't immediately return McClatchy News' request for comment. The puppy's adoption Earlier in 2021, the Browns adopted Apollo as a rescue from Trampled Rose Rescue and Rehab, a nonprofit based in southeast Louisiana, according to the lawsuit. At the time, the mother of Apollo and his nine siblings had been rescued from a breeder who 'kept her chained to a tree while pregnant,' the complaint says. The Browns welcomed Apollo into the family with their second dog, Bucho, and 'quickly came to care deeply' for him, their attorneys wrote in the filing. When Apollo was killed, Brown said that he felt 'responsible,' according to the complaint. 'It's my job to protect that little guy,' Brown also said, according to the filing. An autopsy of Apollo, conducted by Louisiana State University's Louisiana Animal Disease Diagnostic Laboratory, revealed he died of trauma related to 'gunshot wounds,' the complaint says. Fragments of Burmaster's bullets tore into three of Apollo's legs and were also found embedded in the puppy's paws, the autopsy found, according to the complaint. Shrapnel also struck Burmaster's partner's hand, the filing says. Constitutional violations The Brown's lawsuit accuses Burmaster of constitutional and state violations, as well as violations of the New Orleans Police Department's policy. When Apollo and the Brown's other dog, Bucho, ran toward Burmaster and his partner, the complaint says Burmaster's partner retreated 'by stepping backwards out of the gate.' Instead of retreating, Burmaster grabbed his gun and fired at Apollo, according to the lawsuit, which argues the puppy wasn't a threat to him. In the complaint, the Browns' attorneys wrote 'it is clearly established that an officer cannot shoot a dog in the absence of an objectively legitimate and imminent threat to him or others.' 'A twenty-two-pound Catahoula puppy, standing less than a foot and a half tall, does not present an objectively legitimate and imminent threat to police officers,' the complaint continues. During the internal affairs investigation, Burmaster said he feared the puppy was going to bite him in his genital area, according to the Associated Press, which reviewed police body camera footage and records of the incident. After the Browns rushed outside upon hearing gunfire, the outlet reported Barecki-Brown was heard shouting: 'Oh my god, what did you do, what did you do … That's a baby, that's a puppy.' Nearly 10 years earlier, in 2012, Burmaster shot and killed a different dog as he protected his genital area, according to the Associated Press. According to Browns' lawsuit, Burmaster used his gun against Apollo without considering non-lethal alternatives, such as using a taser, baton 'or simply moving back away from the property and outside the gate, as Burmaster's partner did.' The shooting was unnecessary, the complaint says. With their lawsuit, the Browns are asking for an unspecified amount in compensatory, special and punitive damages as well as an order finding Burmaster, New Orleans and its former police superintendent liable for civil and constitutional rights violations.
Hamilton Spectator
7 hours ago
- Hamilton Spectator
A New Orleans police officer who fatally shot a puppy is facing a jury lawsuit trial
NEW ORLEANS (AP) — A New Orleans police officer who shot and killed a puppy while responding to a call is set to go to trial Monday in a federal lawsuit filed by the dog's owners. The Catahoula Leopard dog ran up to Officer Derrick Burmaster after he entered the yard in response to a report of a domestic disturbance in 2021. The department's internal investigators said the dog did not pose a threat. Multiple internal investigations by the New Orleans Police Department found that the lethal shooting of the 18-week-old, 22-pound (10-kilogram) rescue dog Apollo violated department policies and was 'unjustified.' But after Apollo's owners sued Burmaster and the city of New Orleans in 2022, department leadership in July 2023 cleared him of wrongdoing for his use of force during the final step in the review. 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,' Cziment 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 are seeking damages for emotional distress after they held Apollo in their arms as he died. They declined to comment via their attorney. Burmaster and the New Orleans Police Department 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 gun. A fatal encounter On the evening of April 10, 2021, Burmaster and his partner responded to a nighttime call that a woman had been screaming inside a home in the city's Lower Garden District. Body camera footage reviewed by The Associated Press, police investigation records and court documents detail what happened next. Burmaster approached the gated yard making what he described as 'kissing noises' to assess whether any dogs were present and said aloud there were none. Soon after the officers entered through the gate, two dogs — Apollo and another larger dog owned by the family — came running while barking. The larger dog approached Burmaster's partner, who exited back 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 continued, 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.' Reviews of Burmaster's decision to fire Burmaster repeatedly told investigators he fired his gun because he was afraid Apollo would bite him in the genitals. In 2012, Burmaster also fatally shot another dog while grabbing his crotch for protection, police records show. There have been 11 fatal shootings of animals between 2012 and 2022 by New Orleans police officers, according to police records shared in court filings. 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 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.' ___ Brook is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . 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San Francisco Chronicle
8 hours ago
- San Francisco Chronicle
A New Orleans police officer who fatally shot a puppy is facing a jury lawsuit trial
NEW ORLEANS (AP) — A New Orleans police officer who shot and killed a puppy while responding to a call is set to go to trial Monday in a federal lawsuit filed by the dog's owners. The Catahoula Leopard dog ran up to Officer Derrick Burmaster after he entered the yard in response to a report of a domestic disturbance in 2021. The department's internal investigators said the dog did not pose a threat. Multiple internal investigations by the New Orleans Police Department found that the lethal shooting of the 18-week-old, 22-pound (10-kilogram) rescue dog Apollo violated department policies and was 'unjustified.' But after Apollo's owners sued Burmaster and the city of New Orleans in 2022, department leadership in July 2023 cleared him of wrongdoing for his use of force during the final step in the review. 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,' Cziment 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 are seeking damages for emotional distress after they held Apollo in their arms as he died. They declined to comment via their attorney. A fatal encounter On the evening of April 10, 2021, Burmaster and his partner responded to a nighttime call that a woman had been screaming inside a home in the city's Lower Garden District. Body camera footage reviewed by The Associated Press, police investigation records and court documents detail what happened next. Burmaster approached the gated yard making what he described as 'kissing noises' to assess whether any dogs were present and said aloud there were none. Soon after the officers entered through the gate, two dogs — Apollo and another larger dog owned by the family — came running while barking. The larger dog approached Burmaster's partner, who exited back 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 continued, 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 he fired his gun because he was afraid Apollo would bite him in the genitals. In 2012, Burmaster also fatally shot another dog while grabbing his crotch for protection, police records show. There have been 11 fatal shootings of animals between 2012 and 2022 by New Orleans police officers, according to police records shared in court filings. 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 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.'
Winnipeg Free Press
8 hours ago
- Winnipeg Free Press
A New Orleans police officer who fatally shot a puppy will face a jury lawsuit trial
NEW ORLEANS (AP) — A New Orleans police officer who shot and killed a puppy while responding to a call is on trial Monday as part of a federal civil lawsuit filed by the dog's owners. The Catahoula Leopard dog ran up to Officer Derrick Burmaster after he entered the yard in response to a report of a domestic disturbance in 2021. The department's internal investigators said the dog did not pose a threat. Multiple internal investigations by the New Orleans Police Department found that the lethal shooting of the 16-week-old, 22-pound (10-kilogram) rescue dog Apollo violated department policies and was 'unjustified.' But after Apollo's owners sued Burmaster and the city of New Orleans in 2022, department leadership in July 2023 cleared him of wrongdoing for his use of force during the final step in the review. 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,' Cziment 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 are also suing the city for failing to properly train and supervise Burmaster, clearing him of wrongdoing and keeping him on the force. The couple, whose lawyers say they have been diagnosed with post-traumatic stress disorder as a result of the shooting, are seeking damages for emotional distress after they held Apollo in their arms as he died. They declined to comment via their attorney. During opening arguments Monday, Burmaster's attorney Corwin St. Raymond said the officer made a 'split second' judgment call and 'acted in accordance with his training.' St. Raymond told jurors that Burmaster's reaction was 'reasonable under the circumstances he faced.' Burmaster and the New Orleans Police Department declined to comment, citing pending litigation. A fatal encounter On the evening of April 10, 2021, Burmaster and his partner responded to a nighttime call that a woman had been screaming inside a home in the city's Lower Garden District. Body camera footage reviewed by The Associated Press, police investigation records and court documents detail what happened next. Burmaster approached the gated yard making what he described as 'kissing noises' to assess whether any dogs were present and said aloud there were none. Soon after the officers entered through the gate, two dogs — Apollo and another larger, adult dog owned by the family — came running while barking. The larger dog approached Burmaster's partner, who exited back 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 continued, 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.' Reviews of Burmaster's decision to fire Burmaster repeatedly told investigators he fired his gun because he was afraid Apollo would bite him in the genitals. In 2012, Burmaster also fatally shot another dog while grabbing his crotch for protection, police records show. There have been 11 fatal shootings of animals between 2012 and 2022 by New Orleans police officers, according to police records shared in court filings. 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 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. Catahoulas are 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.' ___ This story corrects the age of the dog to 16 weeks old in paragraph 3. ___ Brook is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
19 hours ago
A New Orleans police officer who fatally shot a puppy will face a jury lawsuit trial
NEW ORLEANS -- A New Orleans police officer who shot and killed a puppy while responding to a call is set to go to trial Monday in a federal lawsuit filed by the dog's owners. The Catahoula Leopard dog ran up to Officer Derrick Burmaster after he entered the yard in response to a report of a domestic disturbance in 2021. The department's internal investigators said the dog did not pose a threat. Multiple internal investigations by the New Orleans Police Department found that the lethal shooting of the 18-week-old, 22-pound (10-kilogram) rescue dog Apollo violated department policies and was 'unjustified.' But after Apollo's owners sued Burmaster and the city of New Orleans in 2022, department leadership in July 2023 cleared him of wrongdoing for his use of force during the final step in the review. 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,' Cziment 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 are seeking damages for emotional distress after they held Apollo in their arms as he died. They declined to comment via their attorney. Burmaster and the New Orleans Police Department 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 gun. On the evening of April 10, 2021, Burmaster and his partner responded to a nighttime call that a woman had been screaming inside a home in the city's Lower Garden District. Body camera footage reviewed by The Associated Press, police investigation records and court documents detail what happened next. Burmaster approached the gated yard making what he described as 'kissing noises' to assess whether any dogs were present and said aloud there were none. Soon after the officers entered through the gate, two dogs — Apollo and another larger dog owned by the family — came running while barking. The larger dog approached Burmaster's partner, who exited back 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 continued, 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 he fired his gun because he was afraid Apollo would bite him in the genitals. In 2012, Burmaster also fatally shot another dog while grabbing his crotch for protection, police records show. There have been 11 fatal shootings of animals between 2012 and 2022 by New Orleans police officers, according to police records shared in court filings. 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 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.'
