Latest news with #DerrickBurmaster
The Independent
12-06-2025
- The Independent
Jury finds New Orleans police officer who shot and killed puppy violated rights but has immunity
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. ___
Associated Press
12-06-2025
- Associated 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.
Toronto Star
09-06-2025
- Toronto Star
A New Orleans police officer who fatally shot a puppy goes on trial in a lawsuit
NEW ORLEANS (AP) — A New Orleans police officer who shot and killed a puppy while responding to a call went 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.
CTV News
09-06-2025
- CTV News
A New Orleans police officer who fatally shot a puppy is facing a jury lawsuit trial
In this photo provided by owner Derek Brown, Apollo, an 18 week old, 22 pound Catahoula Leopard dog sits on March 23, 2021, in the weeks before he was shot on April 10, 2021 by New Orleans police officer Derrick Burmaster. (Derek Brown via AP) 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. 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.' Article by Jack Brook.
Toronto Star
09-06-2025
- Toronto Star
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.
