Investigation clears Ocoee officer of wrongdoing in dog shooting

OCOEE – The Ocoee Police Department’s report into the officer-involved shooting that led to the death of a family’s dog — an 11-year-old Catahoula named Duke — has been completed.

The investigative report, prepared by Ocoee Police Sgt. James Berish, of the Internal Affairs Division, concluded that Ocoee police Officer Steven Bertrand acted in self-defense. 

The conclusion, Berish states, was determined after reviewing the 25 photographs taken of the scene, along with interviewing  Bertrand, the dog’s owner Charlie Brooks, and the two other Ocoee police officers present at Starke Lake at the time of incident.

According to the report, all three officers, who normally serve as school resource officers, had been temporarily assigned to marine patrol duties at Starke Lake during the summer vacation period of their respective schools.

At about noon July 17, the officers found a boat behind a home that appeared abandoned to them as it was covered by a tarp and thick brush. 

The report states Bertrand boarded the boat in an attempt to locate an identification number on the front of the boat but failed to find it. Bertrand was then dropped off at the Starke Lake dock so he could drive to the residence located at 618 E. Silver Star Road, while the two other officers went back to the boat.

Bertrand then reportedly verbally called out to the owners of the fenced-in home to announce his presence but received no response. Bertrand then entered through the gate and knocked on one of the sliding-glass doors, which alerted the family’s two dogs.

“Initially, the smaller of the two dogs exited the doggy door located on the west side of the southwest corner of the home,” the report reads. “The second, larger dog, Duke, then exited and engaged Officer Bertrand causing him to back up. Officer Bertrand, out of fear, discharged his firearm once, striking Duke, which resulted in his death.”

The report states Bertrand did nothing wrong and was in fear of his safety; that Duke engaged in an act of aggression by displaying teeth; and that Bertrand’s actions are defended by the United States Supreme Court’s decision in Cady v. Dombrowski. 

“Although the loss of the Brooks family pet, Duke, is unfortunate, based on the evidence and interviews, I can find no evidence to show that the actions of Officer Bertrand were in violation of the city of Ocoee Police Department policy and procedures,” Berish wrote. “The facts only show that Officer Bertrand, (Jose) Massanet and (David) Ogletree were attempting to identify and notify the owner of a boat within the city of Ocoee jurisdiction, Starke Lake, as to its condition and possible ordinance violations.”

According to the report, Brooks said his family leaves the doggy door open and that the dogs typically bark to alert him that someone is present outside but likely were distracted at the time of the incident because the family was having lunch.

Brooks also stated he did not recall hearing Bertrand yelling to the residence and did not think Bertrand seemed remorseful after he shot Duke. According to the interview summary conducted with Bertrand, Bertrand stated he attempted to apologize to Brooks.

Brooks added he doesn’t recall Duke ever biting anyone and asked why Bertrand did not use a Taser or handle Duke with his own hands.