Latest news with #Burmaster
San Francisco Chronicle
13-06-2025
- San Francisco Chronicle
Jury finds New Orleans police officer who shot and killed puppy violated rights but has immunity
NEW ORLEANS (AP) — A jury in federal court ruled that a New Orleans police officer who shot and killed a puppy had violated its owners' constitutional rights but was shielded from punishment under qualified immunity because of his government role, according to the plaintiffs' attorney William Most. The jury awarded $10,000 in damages for emotional distress to the puppy's owners, to be paid by the city, Most said. An additional $400 was awarded for the rescue dog's market value. The jury found that the city held a degree of liability tied to the officer's actions but was not ultimately responsible for the killing of Apollo the puppy, Most said. The jury ruled the officer violated state laws of negligence and wrongful destruction of property. The jury also found the owners and Burmaster's police partner had some liability in the dog's death, Most added. 'We are so glad to have justice for Apollo,' Most said in a text message. 'We hope that this trial will achieve lasting change in the way the New Orleans Police Department trains its officers to handle animals they meet in the field.' The city and police department did not immediately respond to a request for comment. Derrick Burmaster, the police officer, declined to comment. The civil lawsuit arose after the 16-week old, 22-pound (10-kilogram) Catahoula Leopard puppy ran up to Burmaster when he and a police partner entered the couple's yard in response to a report of a domestic disturbance in 2021. Burmaster, who has said he feared Apollo would bite him in the genitals, fired three shots at the puppy with one hand while covering his crotch with the other, court records show. Another larger adult dog had barked and moved toward Burmaster's colleague, who stepped out of the yard before it reached him. Police body camera shows Apollo died in the arms of his distraught owners, who later were diagnosed with post-traumatic stress disorder, according to their lawyer. 'How could you shoot a puppy?' screamed Apollo's owner, Julia Barecki-Brown, immediately after the incident, footage shows. 'This is the love of our lives.' In footage, Burmaster repeatedly apologized but also asked why they had let the dogs out. Multiple internal police investigations found Burmaster's actions violated department policies. The department's Use of Force Review Board unanimously ruled the shooting was unjustified. Police investigators stated that Apollo did not pose a threat. Burmaster did not consider alternative options such as kicking the dog or using a Taser, investigators noted. In violation of department protocol, he was not wearing body armor or equipped with a baton. This is the second time he has fatally shot a dog, court records show. Apollo's owners, Barecki-Brown and her husband Derek Brown, sued Burmaster and the City of New Orleans in 2022. In July 2023, after a federal judge ruled that the lawsuit could move to jury trial, department leadership cleared Burmaster of wrongdoing for his use of force during the final step in the internal review process. The city's Independent Police Monitor Stella Cziment criticized the department's reversal and told The Associated Press that she disagreed with the decision to clear Burmaster of misconduct in the aftermath of a civil lawsuit. 'The claim that the NOPD 'reversed' in response to the civil lawsuit is spurious,' the City of New Orleans said in a Wednesday statement. 'Prior to the filing of the lawsuit, the NOPD had not reached a final decision regarding disciplinary action for Officer Burmaster.' The city noted that Sgt. David Duplantier, a police training academy instructor, issued a report on Oct. 12, 2021 — after the first two internal reviews — finding that Burmaster 'acted properly' because he believed he was at risk of imminent harm. Long-standing 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.
Hamilton Spectator
13-06-2025
- Hamilton Spectator
Jury finds New Orleans police officer who shot and killed puppy violated rights but has immunity
NEW ORLEANS (AP) — A jury in federal court ruled that a New Orleans police officer who shot and killed a puppy had violated its owners' constitutional rights but was shielded from punishment under qualified immunity because of his government role, according to the plaintiffs' attorney William Most. The jury awarded $10,000 in damages for emotional distress to the puppy's owners, to be paid by the city, Most said. An additional $400 was awarded for the rescue dog's market value. The jury found that the city held a degree of liability tied to the officer's actions but was not ultimately responsible for the killing of Apollo the puppy, Most said. The jury ruled the officer violated state laws of negligence and wrongful destruction of property. The jury also found the owners and Burmaster's police partner had some liability in the dog's death, Most added. 'We are so glad to have justice for Apollo,' Most said in a text message. 'We hope that this trial will achieve lasting change in the way the New Orleans Police Department trains its officers to handle animals they meet in the field.' The city and police department did not immediately respond to a request for comment. Derrick Burmaster, the police officer, declined to comment. The civil lawsuit arose after the 16-week old, 22-pound (10-kilogram) Catahoula Leopard puppy ran up to Burmaster when he and a police partner entered the couple's yard in response to a report of a domestic disturbance in 2021. Burmaster, who has said he feared Apollo would bite him in the genitals, fired three shots at the puppy with one hand while covering his crotch with the other, court records show. Another larger adult dog had barked and moved toward Burmaster's colleague, who stepped out of the yard before it reached him. Police body camera shows Apollo died in the arms of his distraught owners, who later were diagnosed with post-traumatic stress disorder, according to their lawyer. 'How could you shoot a puppy?' screamed Apollo's owner, Julia Barecki-Brown, immediately after the incident, footage shows. 'This is the love of our lives.' In footage, Burmaster repeatedly apologized but also asked why they had let the dogs out. Multiple internal police investigations found Burmaster's actions violated department policies. The department's Use of Force Review Board unanimously ruled the shooting was unjustified. Police investigators stated that Apollo did not pose a threat. Burmaster did not consider alternative options such as kicking the dog or using a Taser, investigators noted. In violation of department protocol, he was not wearing body armor or equipped with a baton. This is the second time he has fatally shot a dog, court records show. Apollo's owners, Barecki-Brown and her husband Derek Brown, sued Burmaster and the City of New Orleans in 2022. In July 2023, after a federal judge ruled that the lawsuit could move to jury trial, department leadership cleared Burmaster of wrongdoing for his use of force during the final step in the internal review process. The city's Independent Police Monitor Stella Cziment criticized the department's reversal and told The Associated Press that she disagreed with the decision to clear Burmaster of misconduct in the aftermath of a civil lawsuit. 'The claim that the NOPD 'reversed' in response to the civil lawsuit is spurious,' the City of New Orleans said in a Wednesday statement. 'Prior to the filing of the lawsuit, the NOPD had not reached a final decision regarding disciplinary action for Officer Burmaster.' The city noted that Sgt. David Duplantier, a police training academy instructor, issued a report on Oct. 12, 2021 — after the first two internal reviews — finding that Burmaster 'acted properly' because he believed he was at risk of imminent harm. Long-standing 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. ___ 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 . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Yahoo
12-06-2025
- Yahoo
Jury finds New Orleans police officer who shot and killed puppy violated rights but has immunity
NEW ORLEANS (AP) — A jury in federal court ruled that a New Orleans police officer who shot and killed a puppy had violated its owners' constitutional rights but was shielded from punishment under qualified immunity because of his government role, according to the plaintiffs' attorney William Most. The jury awarded $10,000 in damages for emotional distress to the puppy's owners, to be paid by the city, Most said. An additional $400 was awarded for the rescue dog's market value. The jury found that the city held a degree of liability tied to the officer's actions but was not ultimately responsible for the killing of Apollo the puppy, Most said. The jury ruled the officer violated state laws of negligence and wrongful destruction of property. The jury also found the owners and Burmaster's police partner had some liability in the dog's death, Most added. 'We are so glad to have justice for Apollo,' Most said in a text message. 'We hope that this trial will achieve lasting change in the way the New Orleans Police Department trains its officers to handle animals they meet in the field.' The city and police department did not immediately respond to a request for comment. Derrick Burmaster, the police officer, declined to comment. The civil lawsuit arose after the 16-week old, 22-pound (10-kilogram) Catahoula Leopard puppy ran up to Burmaster when he and a police partner entered the couple's yard in response to a report of a domestic disturbance in 2021. Burmaster, who has said he feared Apollo would bite him in the genitals, fired three shots at the puppy with one hand while covering his crotch with the other, court records show. Another larger adult dog had barked and moved toward Burmaster's colleague, who stepped out of the yard before it reached him. Police body camera shows Apollo died in the arms of his distraught owners, who later were diagnosed with post-traumatic stress disorder, according to their lawyer. 'How could you shoot a puppy?' screamed Apollo's owner, Julia Barecki-Brown, immediately after the incident, footage shows. 'This is the love of our lives.' In footage, Burmaster repeatedly apologized but also asked why they had let the dogs out. Multiple internal police investigations found Burmaster's actions violated department policies. The department's Use of Force Review Board unanimously ruled the shooting was unjustified. Police investigators stated that Apollo did not pose a threat. Burmaster did not consider alternative options such as kicking the dog or using a Taser, investigators noted. In violation of department protocol, he was not wearing body armor or equipped with a baton. This is the second time he has fatally shot a dog, court records show. Apollo's owners, Barecki-Brown and her husband Derek Brown, sued Burmaster and the City of New Orleans in 2022. In July 2023, after a federal judge ruled that the lawsuit could move to jury trial, department leadership cleared Burmaster of wrongdoing for his use of force during the final step in the internal review process. The city's Independent Police Monitor Stella Cziment criticized the department's reversal and told The Associated Press that she disagreed with the decision to clear Burmaster of misconduct in the aftermath of a civil lawsuit. 'The claim that the NOPD 'reversed' in response to the civil lawsuit is spurious,' the City of New Orleans said in a Wednesday statement. 'Prior to the filing of the lawsuit, the NOPD had not reached a final decision regarding disciplinary action for Officer Burmaster.' The city noted that Sgt. David Duplantier, a police training academy instructor, issued a report on Oct. 12, 2021 — after the first two internal reviews — finding that Burmaster 'acted properly' because he believed he was at risk of imminent harm. Long-standing 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. ___ 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.
Winnipeg Free Press
12-06-2025
- Winnipeg Free Press
Jury finds New Orleans police officer who shot and killed puppy violated rights but has immunity
NEW ORLEANS (AP) — A jury in federal court ruled that a New Orleans police officer who shot and killed a puppy had violated its owners' constitutional rights but was shielded from punishment under qualified immunity because of his government role, according to the plaintiffs' attorney William Most. The jury awarded $10,000 in damages for emotional distress to the puppy's owners, to be paid by the city, Most said. An additional $400 was awarded for the rescue dog's market value. The jury found that the city held a degree of liability tied to the officer's actions but was not ultimately responsible for the killing of Apollo the puppy, Most said. The jury ruled the officer violated state laws of negligence and wrongful destruction of property. The jury also found the owners and Burmaster's police partner had some liability in the dog's death, Most added. 'We are so glad to have justice for Apollo,' Most said in a text message. 'We hope that this trial will achieve lasting change in the way the New Orleans Police Department trains its officers to handle animals they meet in the field.' The city and police department did not immediately respond to a request for comment. Derrick Burmaster, the police officer, declined to comment. The civil lawsuit arose after the 16-week old, 22-pound (10-kilogram) Catahoula Leopard puppy ran up to Burmaster when he and a police partner entered the couple's yard in response to a report of a domestic disturbance in 2021. Burmaster, who has said he feared Apollo would bite him in the genitals, fired three shots at the puppy with one hand while covering his crotch with the other, court records show. Another larger adult dog had barked and moved toward Burmaster's colleague, who stepped out of the yard before it reached him. Police body camera shows Apollo died in the arms of his distraught owners, who later were diagnosed with post-traumatic stress disorder, according to their lawyer. 'How could you shoot a puppy?' screamed Apollo's owner, Julia Barecki-Brown, immediately after the incident, footage shows. 'This is the love of our lives.' In footage, Burmaster repeatedly apologized but also asked why they had let the dogs out. Multiple internal police investigations found Burmaster's actions violated department policies. The department's Use of Force Review Board unanimously ruled the shooting was unjustified. Police investigators stated that Apollo did not pose a threat. Burmaster did not consider alternative options such as kicking the dog or using a Taser, investigators noted. In violation of department protocol, he was not wearing body armor or equipped with a baton. This is the second time he has fatally shot a dog, court records show. Apollo's owners, Barecki-Brown and her husband Derek Brown, sued Burmaster and the City of New Orleans in 2022. In July 2023, after a federal judge ruled that the lawsuit could move to jury trial, department leadership cleared Burmaster of wrongdoing for his use of force during the final step in the internal review process. The city's Independent Police Monitor Stella Cziment criticized the department's reversal and told The Associated Press that she disagreed with the decision to clear Burmaster of misconduct in the aftermath of a civil lawsuit. 'The claim that the NOPD 'reversed' in response to the civil lawsuit is spurious,' the City of New Orleans said in a Wednesday statement. 'Prior to the filing of the lawsuit, the NOPD had not reached a final decision regarding disciplinary action for Officer Burmaster.' The city noted that Sgt. David Duplantier, a police training academy instructor, issued a report on Oct. 12, 2021 — after the first two internal reviews — finding that Burmaster 'acted properly' because he believed he was at risk of imminent harm. Long-standing 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. ___ 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.
Yahoo
10-06-2025
- Yahoo
New Orleans Police Officer Who Shot a Puppy Will Face Trial
A Louisiana police officer who shot and killed a puppy in 2021 will now face trial, after a lengthy legal battle. On April 10, 2021, two New Orleans Police Department officers were called to Derek Brown and Julia Barecki-Brown's home after receiving a noise complaint. According to legal documents, as the pair approached the house, one officer, Derrick Burmaster, claimed he made "kissy noises" to attract any dogs. Believing there were no dogs nearby, the officers approached the Brown's house. As they did so, a dog began barking, and Burmaster drew his firearm. While the other officer left the Browns' yard after hearing the barking, Burmaster stayed, and the Brown's two dogs then ran down the stairs of the home and approached the officers. One of the dogs, a 16-week-old, 22-pound puppy named Apollo approached Burmaster while wagging his tail. Burmaster fired three shots at Apollo, striking the dog in his neck and chest. Hearing gunshots, the Browns came into the yard, and Derek "held Apollo as he died from the gunshot wound," according to the couple's lawsuit. The couple filed a lawsuit against Burmaster and the City of New Orleans in 2022, alleging that Burmaster unconstitutionally 'seized' Apollo by shooting him. "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," the suit reads. "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." A yearslong legal battle followed. Earlier this year, the United States Court of Appeals for the 5th Circuit ruled against Burmaster's attempt to appeal a lower court's decision that the case could not be thrown out on qualified immunity grounds. "A reasonable jury could conclude that Burmaster did not reasonably believe that Bruno, a small puppy who was wagging his tail shortly before the shooting, posed a threat," the decision reads. "A reasonable jury could further conclude that Burmaster did not reasonably believe he was in imminent danger, based on Bruno's [sic] size, Burmaster's ability to exit the yard, and the availability of non-lethal tools like the taser and police boots." (The ruling appears to have confused Apollo's name.) Despite efforts to toss the Browns' suit, the case is now set to go to trial. This is far from the first case of "puppycide," where a police officer has shot a dog that posed no obvious threat to his saftey. Burmaster himself fatally shot another dog in 2012, according to The Associated Press. Earlier this month, another Louisiana police department announced that it was investigating two different incidents in which officers shot dogs. It's not uncommon for puppycide cases to be particularly nonsensical. Last year, a Missouri man sued an officer who shot his 13-pound, deaf and blind Shih Tzu. In 2023, another Missouri family's dog wandered away from their home during a storm. When a neighbor found the dog and called to police for help, the officer shot the dog and threw its body in a ditch, rather than simply returning it to its owners. "[Police] don't need to be dog trainers," Cynthia Bathurst, the executive director of the animal welfare group Safe Humane, told Reason in 2016. "They just need to know what to look for and defuse or control the situation with the resources available. It's the compassionate and right thing to do. It's better for community relations. And if that doesn't move them, the huge lawsuits should." The post New Orleans Police Officer Who Shot a Puppy Will Face Trial appeared first on
