An NYPD sergeant was convicted of manslaughter Friday for hurling a cooler at a suspect fleeing a botched drug bust in the Bronx, causing the man’s death as he fell from a moving scooter, New York Attorney General Letitia James announced.
Bronx Justice Guy Mitchell found Sgt. Erik Duran guilty at a bench trial for killing 30-year-old Eric Duprey in 2023. He is the first NYPD officer to be taken to trial for killing a suspect since Hugh Barry was indicted for killing Deborah Danner in 2016.
“Today’s decision validates the family’s long-standing position that this tragedy stemmed from an unjustified and dangerous choice made by a police officer in a nonviolent situation,” said Jonathan Roberts, a lawyer for Duprey’s family. “Although no outcome can restore what was taken from them, accountability remains critical. Our efforts now move to the civil case as we continue seeking justice for the family and meaningful measures to prevent future loss of life.”
The NYPD confirmed that the department had terminated Duran’s employment due to his felony conviction.
“Today’s verdict was a miscarriage of justice,” said Sergeant’s Benevolent Association President Vincent Vallelong. “We vigorously maintain Sergeant Duran’s innocence. Verdicts such as this send a terrible message to hard-working cops: should you use force to defend yourself, your fellow police officers or the citizens of the City, no matter how justified your actions, you risk criminal charges and conviction.
“Our attorneys are reviewing all our legal options. We are confident Judge Mitchell’s verdict will be overturned. ”
Prosecutors said Duprey had eluded several officers before Duran lifted the cooler loaded with ice and drinks using both hands and hurled it at the suspect. Duprey, who wasn’t wearing a helmet, lost control, sideswiped a tree and was thrown off the scooter, officials said. He struck his head on the curb and landed under a parked vehicle
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Prosecutors argued that using two hands to lift the heavy cooler showed that Duran knew how dangerous striking the suspect with the weighty object could be. Duran, for his part, testified that the cooler “wasn’t heavy.”
Duran testified in his own defense Monday when he told Justice Mitchell that he was trying to protect other police officers when he hurled the red-and-white cooler at Duprey, a drug suspect, during a buy-and-bust operation in Kingsbridge Heights.
After striking Duprey with the bin, Duran said he quickly shifted from apprehension mode to trying to save a life.
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“I was in shock. I was upset and I was just hoping that I was wrong about what I saw, his injuries,” Duran said. “I was hoping that somebody at some point would say, you know, he’s OK, or for the ambulance to get there. I was just hoping that I was wrong.”
Cops were running a buy-and-bust operation at Aqueduct Ave. near W. 192nd St. when they nabbed the wrong guy, and Duprey took off, officials said.
Cops said Duprey, a delivery driver, was buying drugs. His family said he fled the scene because his scooter was not registered.
