A New Orleans police officer who fatally shot a puppy will face a jury
lawsuit trial
[June 09, 2025]
By JACK BROOK
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.
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In this photo provided by owner Derek Brown, Apollo, an 18 week old,
22 pound Catahoula Leopard dog sits on March 23, 2021, in New
Orleans, in the weeks before he was shot on April 10, 2021 by New
Orleans police officer Derrick Burmaster. (Derek Brown via AP)
“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.”
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