A New Orleans police officer is going to court Monday in a federal lawsuit brought by the dog’s owners. The officer shot and killed a puppy while reacting to a call.
The Catahoula Leopard dog ran up to Officer Derrick Burmaster when he came into the yard in 2021 to investigate a report of a fight between family members. Inside inspectors for the department said the dog wasn’t a threat.
The New Orleans Police Department did several internal reviews that found the shooting death of Apollo, an 18-week-old, 22-pound (10-kilogram) rescue dog, was “unjustified” and against department policy. But in 2022, the owners of Apollo sued Burmaster and the city of New Orleans. In July 2023, department bosses found no fault with his use of force during the last step of the review.
Stella Cziment, the New Orleans Independent Police Monitor, whose office has been keeping a close eye on the case, said that she didn’t see any reason for the department to change its mind besides the civil lawsuit.
“It doesn’t make sense to me; I don’t get how he was found not guilty, and I disagree with that finding,” Cziment said.
After decades of wrongdoing and a culture of impunity, the federal government took over the city’s police department. Now, that control is starting to wind down. Leaders of the department have tried to ensure the public that they have set up a system that makes things clear and holds people accountable.
People who own the dog, Derek Brown and Julia Barecki-Brown, say that Burmaster violated their constitutional rights when he shot Apollo on their property “without an objectively legitimate and imminent threat.” Because they were upset because they held Apollo as he died, they are suing for damages. They wouldn’t say anything through their lawyer.
Burmaster and the New Orleans Police Department both declined to speak, saying that they were still in court. In court documents, Burmaster’s lawyers say that when he fired the gun, he was doing his job as a police officer.
A deadly meeting
At night on April 10, 2021, Burmaster and his partner went to a house in the city’s Lower Garden District because someone had called to say that a woman was screaming inside.
The Associated Press looked at body camera footage and police investigation records to find out what happened next. Court papers also give more information.
Burmaster walked up to the closed yard and made what he called “kissing noises” to see if there were any dogs there. He then said out loud that there were none.
As soon as the police officers walked through the gate, two dogs, Apollo and a bigger dog owned by the family, came running and barked. The bigger dog went up to Burmaster’s partner, who then left through the gate. Burmaster put one hand over his crotch and fired three shots with the other as Apollo moved toward him.
The dog owners then yelled at the police as they ran out of the house.
Barecki-Brown yelled, “Oh my god, what did you do? What did you do?” “No, no, no!”
“That’s a baby, that’s a puppy,” she said as she broke down in tears.
Burmaster told them he was a police officer, apologized several times, and asked them why they let the dogs out.
“I kissed the fence to see if there was a dog behind it,” Burmaster said.
“Why would you shoot a puppy?” This is what Barecki-Brown said. “This is the love of our lives.”
Thoughts on Burmaster’s choice to fire
Burmaster told police over and over that he fired his gun because he thought Apollo would bite him in the genitals. Police records show that Burmaster killed another dog in 2012 while holding his crotch for safety. Between 2012 and 2022, 11 animals were killed by New Orleans police officers, according to reports that were filed with the court.
The department’s Use of Force Review Board held a hearing and unanimously decided that Burmaster did not have the right to fire his gun. Deputy Superintendent Christopher Goodly said that “the smaller dog posed no threat.”
Investigators noticed that Burmaster didn’t think about alternatives to killing the dog, like hitting it or using his Taser. As against department policy, he wasn’t carrying his weapon or putting on his body armor.
Later, Sgt. David Duplantier of the department’s training school told the judge that he thought Burmaster had done the right thing in a tough situation.
Burmaster’s partner was taken to the hospital for treatment of a small cut he got when Burmaster fired his gun.
A field officer in the department at the time learned from Burmaster. Court records show that he used force 11 times in the five years before the event, and each time was deemed acceptable by the department.
As part of a deposition, Superintendent Anne Kirkpatrick admitted that she approved the decision to find Burmaster not guilty before seeing the bodycam video. The cop got a “oral reprimand” for not having the right gear.
Apollo was a Catahoula, which is Louisiana’s state dog and a medium-sized breed known for being good at hunting and tracking. Catahoulas are called “affectionate, gentle, and loyal family companions” by the United Kennel Club, a world dog registry.
