Tag: police accountability

New Orleans Police Officer Who Shot a Puppy Will Face Trial

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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Trump Deletes Database Containing Over 5,000 Police Misconduct Incidents

In one of his first acts after returning to the White House, President Donald Trump ordered the Justice Department to delete a nationwide database tracking misconduct by federal law enforcement.

Along with rescinding former President Joe Biden’s executive orders on policing, Trump scrapped the National Law Enforcement Accountability Database (NLEAD), which logged more than 5,200 incidents of misconduct by federal officers and agents across various agencies.

In a written statement to The Washington Post, the White House said Biden’s executive order creating the NLEAD database “was full of woke, anti-police concepts that make communities less safe like a call for ‘equitable’ policing and addressing ‘systemic racism in our criminal justice system.’ President Trump rescinded the order creating this database on Day 1 because he is committed to giving our brave men and women of law enforcement the tools they need to stop crime.”

It is unclear what tool Trump is giving to law enforcement by deleting a nonpublic misconduct database—besides protection from future background checks.

Centralized databases of police misconduct are important because, traditionally, poor information sharing between departments and lax background checks have allowed problem officers to hop from one department to another, leaving a string of misconduct, rights violations, and expensive lawsuits.

Once upon a time, even Trump thought the database was a good idea. In 2020, the Trump White House issued an executive order directing the attorney general to “create a database to coordinate the sharing of information between and among Federal, State, local, tribal, and territorial
law enforcement agencies concerning instances of excessive use of force related to law enforcement matters, accounting for applicable privacy and due process rights.”

Biden’s NLEAD was actually less ambitious than Trump’s plan: It included only federal law enforcement, and access was limited to federal agencies. Still, federal law enforcement unions objected, complaining that the database included minor administrative infractions and didn’t give officers due process channels to dispute their inclusion.

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Audit finds dozens of police custody deaths in Maryland should have been ruled homicides

An audit of past rulings by a controversial medical examiner found that 36 cases of police custody deaths deemed accidents should have instead been classified as homicides. 

The comprehensive review of 87 determinations regarding deaths resulting from police use of force stretched back 16 years from 2003 to 2019. It highlights the often questionable conclusions the Office of the Chief Medical Examiner (OCME) used to determine that police were not culpable.  

Maryland Attorney General Anthony Brown, whose agency managed the audit of former Chief Medical Examiner Dr. David Fowler, said the audit was disturbing and that the reclassified cases warranted further scrutiny. 

“These findings are of great concern and demand further review,” Brown wrote in the preface of the report. 

The report is simply an audit. It does not formally reclassify any of the cases that have been reviewed. Normally, changing an autopsy determination requires a hearing in front of a judge.

The push to examine Fowler’s past rulings came after he testified at the murder trial of former Minneapolis police officer Derek Chauvin. Chauvin was charged with murder after video surfaced of him sitting on George Floyd’s neck for roughly nine minutes. Floyd later died at a nearby hospital.  

The case sparked outrage and nationwide protests.  

Fowler testified that Floyd did not die from positional asphyxiation, the result of the downward pressure of Chauvin’s knee. Instead, he attributed carbon monoxide poisoning from a nearby tailpipe to be the primary cause. 

The testimony sent shockwaves through the medical community. An open letter penned by roughly 450 medical experts called for a review of Fowler’s rulings in light of his testimony. The pushback prompted the state to undertake a comprehensive audit, the findings of which were released in a 90-page report. 

But prior to Fowler’s testimony and the subsequent review of his rulings, family members of victims and activists had been calling attention to his determinations. TRNN also consulted an independent pathologist to review Fowler’s cases. 

Among them is the death of a 19-year-old Eastern Shore resident, Anton Black. 

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‘No trace of alcohol’: Police thought Amazon worker’s stroke was a DWI, then threw him in jail for 7 hours and caused him to go blind, lawsuit says

A Missouri man who was wrongly arrested for DWI while he was exhibiting symptoms of a stroke is suing the sheriff’s office for not getting him the medical treatment he needed.

In a complaint filed in federal court in April, Paul Espinosa, 54, claimed that while he was arriving at the parking lot of the Amazon Warehouse in Republic, Missouri, where he worked, he was pulled over by Greene County Sheriff’s Deputy Kyle Winchell. Winchell claimed that Espinosa’s car was “weaving,” and the deputy suspected he was driving while intoxicated. Espinosa agreed to a field sobriety test, including a Breathalyzer test, which yielded a reading of 0.000% — indicating there was “no trace of alcohol in his system,” the lawsuit states.

However, Espinosa showed signs of “swaying” during other parts of the test, and Winchell arrested Espinosa on suspicion of DWI. Espinosa was put in the back of Winchell’s vehicle and transported to the jail. Espinosa began “sweating profusely” during the transport, despite the car’s air conditioning running throughout the trip. Upon their arrival at the jail, Espinosa’s “motor skills were declining,” the lawsuit states.

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Former Smith County constable chief deputy gets probation after pleading guilty to stealing while serving 2021 eviction notice

A former Smith County constable chief deputy was sentenced to 18 months’ probation after pleading guilty Thursday morning in connection with stealing while serving an eviction notice alongside former Pct. 1 Constable Curtis Traylor-Harris.

LaQuenda Banks, who was a Smith County Pct. 1 Constable’s Office chief deputy, entered a guilty plea in the 241st District Court after she previously testified during Traylor-Harris’ trial in December 2022. The 18-month probation sentence was then handed down. 

Banks, Traylor-Harris and former Smith County Pct. 1 Sgt. Derrick Holman were arrested in November 2021 on official oppression and property theft by a public servant charges for accusations of stealing items from a Tyler home in late January 2021 while issuing an eviction.

Traylor-Harris was convicted on a theft by a public servant charge and sentenced to five years’ probation in December. He was also ordered to pay a $10,000 fine. If he breaks that probation, he would go to a state jail facility for two years.

In August, Holman was found not guilty of the same theft charge during a trial. Banks also testified in Holman’s trial.

Banks’ attorney Brett Harrison said on Thursday she received probation for the official oppression charge, which is a misdemeanor, and the prosecution agreed to drop the felony theft by a public servant charge through the guilty plea. 

Harrison said Banks received no deals prior to or in exchange for her testimony in both Holman and Traylor-Harris’ trials. 

“She is obviously remorseful for her actions,” Harrison said.  

Arrest documents said Banks’ body camera footage, which was turned on accidentally, showed Traylor-Harris, Holman and Banks stealing from a home during an eviction. 

The stolen items included watches, ammunition, cash, Oakley sunglasses, Ray-Ban sunglasses, makeup and a safe containing antique coins, quarter collection, military medals, a diploma, a birth certificate and a social security card, the affidavit read.

During her testimony at Traylor-Harris’ trial, Banks said on the stand she felt “forced” to take the items and if she didn’t do it, she would’ve gotten fired. 

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Gloucester Police Officer Charged with Child Pornography Offense

A police officer with the Gloucester Police Department has been charged with receipt of child sexual abuse material (CSAM).  

Alexander Aiello, 34, of Gloucester, was charged with one count of receipt of child pornography. Aiello will appear in federal court in Boston at a later date.

According to the charging documents, Aiello is a patrol officer employed with the Gloucester Police Department. It is alleged that Aiello was identified as a user with a registered account for a dark website, which provided a platform for users to download, view, advertise and distribute CSAM. Searches of Aiello’s person and residence on April 28, 2025, resulted in the seizure of the defendant’s cell phone and laptop as well as a USB thumb drive, which was found in Aiello’s nightstand in his bedroom.

It is alleged that a preliminary examination of the devices revealed that a TOR Browser – an application that provides anonymous web access and access to dark web hidden services – was installed and actively running on Aiello’s laptop. It is further alleged that the application had evidence of downloaded files consistent with recent use. Additionally, the preliminary examination allegedly located encrypted folders on the USB drive and laptop computer.

“As a law enforcement officer, Mr. Aiello was entrusted with safeguarding the community – and that includes protecting children from exploitation and abuse. Instead, he allegedly participated in one of the most reprehensible forms of exploitation,” said United States Attorney Leah B. Foley. “This case underscores our unwavering commitment to combating child exploitation in all its forms. Whether the offender is a private citizen or a public official, our mission remains the same: to protect children and pursue justice for victims.”

“As a police officer, Alexander Aiello was sworn to protect and serve, but today, the FBI charged him for receiving images of children being sexually abused,” said James Crowley, Acting Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Those who seek out this despicable material are perpetuating the victimization of innocent children. That’s why the FBI Boston’s Child Exploitation – Human Trafficking Task Force diligently pursues these cases. Protecting kids from this physical and emotional trauma is our priority.”

The charge of receipt of child pornography provides for a sentence of at least five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

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Cops Denied Qualified Immunity After Arresting Sober Teenager for DUI

Two police officers who arrested an Iowa college student for driving while intoxicated—even though a breathalyzer test showed he was completely sober—do not get qualified immunity protections for their actions, a panel of federal judges ruled Friday. 

In 2022, then-19-year-old Tayvin Galanakis was driving in Newton, Iowa, when two police officers—Nathan Winters and Christopher Wing—pulled him over and began asking how much alcohol he had consumed. When Galanakis denied drinking, Winters replied, “What do you mean none?”

Body camera footage of the incident shows Galanakis repeatedly asking to take a breathalyzer test. However, instead of administering a test, Winters required Galanakis to undergo a series of complex field sobriety tests. When Winters finally administered a breathalyzer test, it showed Galanakis’ blood alcohol content was 0.00. Almost immediately afterward, Winters began accusing Glanakis of being high on marijuana.

“I’ve had no weed tonight,” Galanakis told Winters. “I blew a zero, so now you’re trying to think I smoked weed? That’s what’s going on. You can’t do that, man. You really can’t do that.”

The officers were undeterred and arrested Galanakis, taking him to a local police station, where additional drug testing revealed that Galanakis had not consumed marijuana—or any other substances—before driving. Galanakis sued the officers in February 2023, alleging that his arrest was a “gross disregard of [his] civil rights.”

A lengthy legal battle followed Galanakis’ suit. Winters and Wing filed a counterclaim—arguing that several derogatory comments Galanakis left on the lightly edited footage and social media posts defamed them, though most of those claims were dismissed in May 2023. Last year, a district court judge denied the officers qualified immunity. They appealed, and last week, the 8th Circuit Court of Appeals reaffirmed the district court’s ruling that the pair were not eligible for qualified immunity. 

“No officer could reasonably conclude that there was a substantial chance that Galanakis was under the influence of marijuana,” wrote Judge Jane L. Kelly of the 8th Circuit Court of Appeals in an opinion released Friday. “Galanakis evinced almost no indica of intoxication: no erratic driving; no odor of marijuana; no watery or bloodshot eyes; no staggering or physical instability; no refusal to take sobriety tests—rather, he twice asked to take a breathalyzer test.” 

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‘Entitled to reimbursement’: Trump DOJ says Jan. 6 defendants deserve to get restitution refunds after having cases ‘invalidated’

Certain Jan. 6 defendants who’ve had their cases “invalidated” and vacated by President Donald Trump‘s Justice Department deserve to get restitution refunds, the DOJ says — insisting Tuesday in a federal court filing that there’s “no longer any basis justifying the government’s retaining funds.”

Stacy Hager, an alleged rioter who was arrested in Texas, had been charged and convicted of knowingly entering or remaining in any restricted building or grounds without lawful authority; disorderly and disruptive conduct in a restricted building or grounds; violent entry and disorderly conduct on Capitol grounds; and parading, demonstrating, or picketing in a Capitol building, according to his original DOJ complaint.

Trump’s mass pardon of Jan. 6 rioters recognized Hager as one of more than 1,500 defendants who have been granted clemency since the president took office for a second time in January. The DOJ said Tuesday that what makes Hager’s situation unique — as well as others who had similar convictions like his “invalidated” — is that he was “not just pardoned” but instead told that the government was flat-out vacating his case while it was still on appeal.

“Here, Hager’s conviction was ‘invalidated’ when the D.C. Circuit vacated it, and thus ‘there is no longer any basis justifying the government’s retaining funds exacted only as a result of that conviction,’” wrote Assistant U.S. Attorney Adam Dreher in response to a motion filed by Hager on Feb. 28 for reimbursement of fines, fees and restitution.

“This Court subsequently dismissed the case as moot,” Dreher said. “The government thus agrees that, so long as the Clerk of Court confirms that Hager in fact made the special assessment and restitution payments he seeks to have returned, Hager is entitled to reimbursement of those payments.”

According to Hager’s original Jan. 6 complaint, federal investigators found that he was boasting about his participation in the 2021 Capitol attack on his Facebook page, even posting pictures and videos of himself trespassing, the DOJ said.

“Hager also posted words to the effect of, ‘it’s war, don’t go quietly,’” his complaint alleged.

“The publicly available information on the subject account showed, among other things, a photograph of Hager and an unidentified male on the lawn in front of the U.S. Capitol on January 6,” the document added. “Hager was wearing a ‘Trump’ baseball cap, a gray outer jacket, a dark navy or black colored coverall and appeared to be waving a Texas state flag, with the other male waving a United States flag.”

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Police Chief Defends Use Of Lies And Torture To Obtain False Confession

A police chief in California has taken to social media to defend detectives who forced a man on medication for stress, depression and high blood pressure to confess to his own father’s murder — which never actually happened — through the use of what a federal judge called “psychological torture.”

“Were we perfect in how we handled the situation? Nobody ever is,” wrote Fontana Police Chief Michael Dorsey in a Nov. 7 statement posted to the department’s X account. “In situations like these, it is acceptable and perfectly legal to use different tactics and techniques, such as ruses, to elicit information from people suspected of potential criminal activity. That was done in this case in order to gain resolution.”

The problem: detectives were looking to gain resolution for a homicide that didn’t exist.

Thomas Perez Jr. was interrogated for 17 hours by the Fontana Police Department over the disappearance of his 71-year-old father in 2018, according to a civil rights lawsuit that he settled earlier this year with the city and an interview with CNN. He reported him missing on Aug. 8 of that year and was questioned that evening and the following day.

Detectives David Janusz and Kyle Guthrie claimed in a 2023 deposition for the civil case filed by Perez against the City of Fontana that their lieutenant had told them “something to the fact that they believed Thomas — or Mr. Perez — had killed his father.” The detectives both admitted that they had “a feeling” that Perez murdered his father but couldn’t prove it.

The pair allegedly took Perez to a coffee shop and drove him around town for hours while “berating” him about his dad’s disappearance and looking for places where he might have dumped a body, his suit said. They also allegedly denied requests by Perez to let him take medication he is prescribed for his stress, depression, high blood pressure and asthma.

At one point, the detectives even claimed to have recovered his dad’s remains, saying, “He has a toe tag on him,” according to the suit. Interrogation footage also shows them saying, “You know you killed him. You did.” A third cop, Detective Robert Miller, was also said to have been involved.

The City of Fontana wound up settling with Perez — paying him nearly $900,000 — after a federal judge in California’s Central District ruled in favor of letting his case move forward following a review of police footage from the interrogation.

“Perez’s mental state, among other factors, made him a vulnerable individual,” wrote Judge Dolly Gee, referring to the detectives’ interrogation tactics as “unconstitutional psychological torture” in her ruling.

“He was sleep deprived, mentally ill, and, significantly, undergoing symptoms of withdrawal from his psychiatric medications,” Gee said. “He was berated, worn down, and pressured into a false confession after 17 hours of questioning. (The officers) did this with full awareness of his compromised mental and physical state and need for his medications.”

In his X statement, Chief Dorsey explained that while the City of Fontana was ready to end its beef with Perez and put his case to rest after half a decade, he was not.

“Our police department recently settled a lawsuit that generated misleading, one-sided headlines, telling the story from the point-of-view of the plaintiff’s attorney,” Dorsey said.

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Trump deletes database of federal police officer misconduct

The first database to track misconduct of federal officers has been shut down by President Donald Trump.

The National Law Enforcement Accountability Database was first proposed by Trump during his first term in 2020 in the wake of George Floyd’s death. It wasn’t until 2022 that the database was created under an executive order from former President Joe Biden.

The U.S. Justice Department confirmed the website was taken down and said that agencies could not look for or add any information to the database.

As of September 2024, there were 4,790 records of federal police misconduct between 2018 and 2023 in the database, according to a DOJ report released in December.

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