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Lawsuit Ignites Over New Orleans Officer Shooting Rescue Puppy Apollo

A legal case is set to begin revolving around a New Orleans law enforcement official, Officer Derrick Burmaster, who in line of duty shot and killed a puppy, ignited by a lawsuit from the pet’s owners. The incident occurred in 2021, when responding to a domestic disturbance call, Officer Burmaster found himself confronted by a Catahoula Leopard dog. Despite internal evaluators from the police department stating that the dog presented no threat, the fatal encounter with Apollo, a 22-pound, 18-week-old rescue dog took place in the dog owner’s yard.

The unexpected shooting of the young Catahoula violated internal policies of the New Orleans Police Department, with investigations deeming the incident as unsupported by department rules. This led to a lawsuit against Officer Burmaster and his employer, the city of New Orleans by the canine’s owners the following year. However, in a shocking reversal in July 2023, the police department leadership cleared Officer Burmaster of any misconduct during the final stages of the review process.

This decision was criticized by New Orleans Independent Police Monitor Stella Cziment who has been keeping a close eye on the case. In her view, there was no justification for the exoneration, save for the impending civil lawsuit. For her, this verdict surprisingly deviates from standard protocols and she strongly disagrees with Officer Burmaster’s exoneration.

While the police department was under federal scrutiny for a long history of misconduct and culture of impunity, authorities are currently in the process of stepping back. Amidst this turmoil, the police department leadership has made attempts to reassure the public that they are committed to implementing a system putting great emphasis on transparency and accountability.

The bereaved dog owners, Derek Brown and Julia Barecki-Brown, maintain that the actions of Officer Burmaster were in violation of their constitutional rights, asserting that Apollo was shot on their premises without the existence of a ‘legitimate and imminent threat’. The owners are now seeking redress for emotional anguish endured as they cradled Apollo during his final moments.

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Both Officer Burmaster and the New Orleans Police Department have withheld comments on the case due to the ongoing litigation. However, court filings reveal that Officer Burmaster’s legal representation argues that he was acting within the boundaries of his duty as a law enforcement officer when he discharged his weapon.

Details around the April 10, 2021 event have emerged from body camera footage, police investigation records, and court documents. Officer Burmaster and his partner were called out to a home in the Lower Garden District of the city to investigate reports of a woman screaming. On their arrival, two dogs, including Apollo and another larger dog owned by the family, rushed at them barking.

The larger dog targeted Officer Burmaster’s partner, who hastily retreated through the gate. Concurrently, Apollo moved towards Officer Burmaster who shielded his groin area with one hand as he used the other to fire his weapon three times. The distraught pet owners, startled by the gunfire, rushed outside their house anghast at what just unfolded.

Julia Barecki-Brown was heard screaming at the officers, ‘Oh my god, what did you do, what did you do’, followed by cries of disbelief. She sobbed uncontrollably expressing her grief, ‘That’s a baby, that’s a puppy; the love of our lives.’

Upon witnessing the heart-wrenching scene, Burmaster quickly identified himself as a police officer, expressed apologies continually, and questioned as to why they had let the dogs out. He explained his reaction saying, ‘I made kissy noises — to get, if there was a dog behind this fence,’ faced with the question, ‘How could you shoot a puppy?’ from Barecki-Brown.

According to Burmaster, he fired his weapon out of fear of being bitten by Apollo, particularly his concern for his groin area. This fear, he said, led to his lethal reaction. Interestingly, records revealed that this was not Burmaster’s first encounter with a dog; in 2012, he fatally wounded another canine during a loggerhead.

Research on records between 2012 and 2022 shows a total of 11 lethal incidents involving animals, perpetrated by New Orleans police officers. This was in accordance with the police records shared during the respective court filings. From these documents, it emerged that Officer Burmaster did not take into consideration non-lethal responses.

Officer Burmaster, for instance, could have opted to kick the dog away or use his Taser as an alternative method to control the canine. In direct contradiction of departmental regulations, Officer Burmaster was found to not have his baton on his person and was not wearing his protective body armor during the incident.

This failure to adhere to the department’s policy earned him an ‘oral reprimand’ for lack of proper gear at the time of the event. Lack of necessary equipment like his baton or body armor was seen as an impropriety which could have potentially resulted in different outcomes.

It is of note that the dog in question, Apollo, belonged to the breed Catahoula, a medium-sized dog famous for its hunting and tracking abilities. Notably, the Catahoula Leopard dog holds the title as the state dog of Louisiana, contributing to the sensitivity and resonance of this case across the state.

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