A state appeals court judge granted bail to a former NYPD sergeant convicted of manslaughter after he threw a cooler at a fleeing suspect, causing the individual to crash his motorized scooter and die after slamming his head on the ground.
Judge Saliann Scarpulla set bail for Erik Duran at $300,000, which will allow for his release pending the appeal of the manslaughter conviction in February. He was sentenced to three to nine years behind bars on April 9.
“We are very pleased but not surprised that the Appellate Division found that there are legitimate appellate issues in Sgt Duran’s case,” said Duran defense attorney Arthur Aidala. “It was obvious to the Court that he is not a flight risk nor a danger to the community and was entitled to be at home with his family during dependency of the appeal.”
The state attorney general’s office declined to comment when contacted by NBC New York.
Duran became the first on-duty NYPD officer in a decade to be found guilty of killing a civilian. The then-sergeant was part of a narcotics policing group that conducted a “buy-and-bust” operation in the Bronx on Aug. 23, 2023.
Police said the suspect, Eric Duprey, sold drugs to an undercover officer, then tried to flee on a scooter.
Surveillance video showed Duprey driving the motorized scooter on a sidewalk toward a group of people. As he approached, Duran — who wasn’t in uniform — picked up a bystander’s cooler and threw it.
The container full of ice, water and sodas struck Duprey. He lost control of the scooter, slammed into a tree, and crashed onto the pavement.
Duprey, 30, wasn’t wearing a helmet. He sustained fatal head injuries and died almost instantaneously, according to prosecutors with New York Attorney General Letitia James’ office.
They argued that Duran had enough time to warn others to move, but instead hurled the cooler because he was angry. Duran, however, testified that he made a split-second decision to keep other officers safe from the scooter speeding toward them.
“He was gonna crash into us,” Duran said during his trial, adding that “all I had time for was to try again to stop or to try to get him to change directions.”
He testified that he immediately tried to help Duprey after seeing the crash and the extent of the man’s injuries.
NYPD officer Erik Duran has been charged with manslaughter. Duran was taking part in a drug-sting operation in the Bronx and threw a heavy cooler at suspect Eric Duprey as he was fleeing the scene, which led to Duprey falling off his motorbike and hitting his head. He died from his injuries. Black Lives Matter activists say they feel vindicated that the officer has been charged and feel that it’s the first step in justice being served. Romney Smith is at the courthouse with the latest.
Duran was an NYPD officer for 13 years before he was suspended after the crash. He was dismissed from the force after his conviction in February.
Duprey’s mother, who said she was on a video call with him right before he died, disputed the police claims that he sold drugs and fled from officers. At the sentencing, the mother said, “There are no words to express what I feel.”
Judge Guy Mitchell said ahead of the sentencing that he did not accept the ex-sergeant’s defense that his actions were justified.
“It is the court’s belief that the defendant, Sgt. Duran, was upset that Mr. Duprey was getting away” and reacted by hurling the cooler, Mitchell said.
On Monday, Nassau County Executive and Republican candidate for governor Bruce Blakeman said he would pardon Duran “on day one” if elected.
A day later, there was a jumbotron promotion at a New York Islanders hockey game urging spectators to donate to a fundraiser for Duran’s legal defense. The fundraiser shown on the scoreboard included a photo of Duran and a QR code for direct donations, along with a message from his union, the Sergeants Benevolent Association, requesting fans join “the fight for justice.”
The Associated Press contributed to this report.
