NEW ORLEANS (AP) – A New Orleans police officer accused of fatally shooting a puppy while responding to a call is facing a federal lawsuit filed by the pet’s owner.
The Katafura Leopard Dog, named Apollo, rushed towards Officer Derrick Barmaster after he entered the yard in response to reports of a domestic disturbance in 2021. An internal investigation concluded that the dog did not pose any threat.
Multiple investigations by the New Orleans Police Department determined that the shooting of the 18-week-old, 22-pound rescue dog was “unjust” and violated departmental policies. However, in July 2023, it was revealed that Barmaster had misrepresented his use of force during the review process after the dog’s owner filed a lawsuit against him and the City of New Orleans in 2022.
Stella Simento, an independent police monitor in New Orleans, stated that she is closely following the case but sees no reason to question the department’s findings to support the ongoing civil lawsuit.
“I don't understand how that aligns with the policy. I don't comprehend how he was exonerated. I disagree with that conclusion,” Simento remarked.
Long-standing federal oversight of the city’s police operations, established due to a history of misconduct and lack of accountability, is in flux. Department leaders have attempted to assure the public that they have implemented measures for greater transparency and accountability.
Derek Brown and Julia Barreck Brown, the dog’s owners, claim that their constitutional rights were violated when Apollo was shot on their property, asserting he posed no immediate threat. They are seeking damages for emotional distress after holding Apollo as he passed away. They have refrained from commenting through their lawyers.
Barmaster and the New Orleans Police Department have declined to comment, citing the pending litigation. In court documents, Barmaster’s attorneys contend that he acted within the scope of his duties as a police officer when he discharged his weapon.
A Fatal Encounter
On the evening of April 10, 2021, Barmaster and his partner were dispatched to a call concerning a woman screaming inside a house in the city’s Garden District.
Body camera footage, police investigative records, and court documents provide a detailed account of the events that followed.
Barmaster approached the yard gate and made what he referred to as a “kiss noise” to check for the presence of a dog, then loudly stated that there was nothing inside.
As the officers entered through the gate, two dogs, Apollo and another larger dog, began to run and bark. The larger dog moved towards Barmaster’s partner and exited the gate. Apollo approached Barmaster, who covered himself with one hand and fired three shots with the other.
The dog’s owner rushed from the house, crying out to the officer.
“Oh my God, what did you do?” Barreck Brown exclaimed. “No! No! No!”
“It's a baby, it's a puppy,” she continued, sobbing uncontrollably.
Barmaster identified himself as a police officer, repeatedly apologizing and questioning why he shot the dog.
“I would have kissed the dog if I had known it was behind the fence,” Barmaster stated.
“How could I shoot a puppy?” Barreck-Brown retorted. “This is the love of our lives.”
Review of the Shooting Decision
Barmaster maintained in interviews that he fired his weapon due to fear of being bitten in a sensitive area. Notably, in 2012, Barmaster also fatally shot another dog under similar circumstances, according to police records. Data shared in court filings indicate that New Orleans police officers were involved in 11 fatal shootings between 2012 and 2022.
During a hearing conducted by the Department’s Force Review Committee, Barmaster was unanimously deemed justified in using lethal force, with Deputy Director Christopher stating, “The small dog posed no threat.”
Investigators noted that Barmaster did not consider non-lethal alternatives, such as kicking the dog or utilizing a taser. Furthermore, he was not equipped with a baton or body armor, violating departmental policies.
Sergeant David Duplatier from the department’s training academy later testified that he believed Barmaster acted appropriately under challenging circumstances, as reflected in court records.
Barmaster’s partner suffered minor injuries due to the discharge of Barmaster’s firearm.
At the time, Barmaster was responsible for training other field officers in the department. Records show he had utilized force 11 times in the previous five years, with all instances deemed justified by the department.
Director Anne Kirkpatrick admitted during a deposition that she signed off on Barmaster’s exoneration without reviewing the body camera footage, and noted that the officers had “verbal responsibilities” due to inadequate equipment.
Apollo, a Catafura, is a medium-sized breed recognized for its hunting and tracking abilities and is native to Louisiana. The United Kennel Club describes Catafurus as “a loving, calm, and loyal family companion.”
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Brooke is a member of the Associated Press/Report’s American State University News Initiative. American Report is a nonprofit national service program that places journalists in local newsrooms to cover important issues.
Source: apnews.com