A federal jury has ruled that a New Orleans police officer violated the constitutional rights of a couple when he shot and killed their puppy, Apollo. However, the officer, Derrick Burmaster, will not face punishment due to qualified immunity, which protects government officials from liability in certain situations. The couple was awarded $10,400 in damages, including $10,000 for emotional distress and $400 for the puppy’s market value.
The incident occurred in 2021 when Burmaster and a partner responded to a domestic disturbance call. As they entered the couple’s yard, Apollo, a 16-week-old Catahoula Leopard puppy, approached them. Burmaster, fearing the puppy would bite him, fired three shots while trying to shield himself. Another larger dog was also present but did not pose a threat.
Body camera footage captured Apollo’s tragic death in the arms of his owners, Julia Barecki-Brown and Derek Brown, who later suffered from post-traumatic stress disorder. Barecki-Brown was heard screaming in disbelief, asking, "How could you shoot a puppy? This is the love of our lives."
Multiple internal investigations found that Burmaster’s actions were against police department policies. The Use of Force Review Board unanimously deemed the shooting unjustified, stating that Apollo did not pose a danger. Investigators noted that Burmaster did not consider other options, such as using a Taser or simply kicking the dog away. He was also not wearing body armor or equipped with a baton during the incident. This was not Burmaster’s first time fatally shooting a dog.
The couple filed a civil lawsuit against Burmaster and the City of New Orleans in 2022. After a federal judge allowed the case to go to trial, the police department cleared Burmaster of wrongdoing, a decision criticized by the city’s Independent Police Monitor, Stella Cziment. The city defended its actions, stating that a final decision regarding Burmaster’s conduct had not been made before the lawsuit was filed.
This case highlights ongoing concerns about police conduct, particularly regarding how officers handle animals. The New Orleans Police Department has been under federal oversight due to past misconduct, and department leaders are working to improve transparency and accountability.