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 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.

“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.”

Brook is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.