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.
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