A New York City police sergeant was convicted Friday of second-degree manslaughter in the 2023 death of Eric Duprey after a judge found that Sgt. Erik Duran’s actions in the Bronx during a pursuit caused Duprey to fatally crash a motorized scooter. Judge Guy Mitchell handed down the guilty verdict in Bronx criminal court, after a bench trial in which the judge—not a jury—rendered the decision.
Mitchell told the courtroom before reading the verdict that Duran’s status as a police officer had no bearing on how he would be judged. “The fact that the defendant is a police officer has no bearing,” Mitchell said in remarks before the guilty verdict. “He’s a person and will be treated as any other defendant.”
As the decision was read, members of Duprey’s family sobbed, according to the report. After the hearing, Duprey’s wife, Orlyanis Velez, said she was happy with the outcome but also surprised, adding that she had expected justice but could not believe it when it came. “I was waiting for justice just like everybody, but when the moment happens, you can’t believe it’s happening,” she said outside the courthouse. “It’s been a lot of time. These people been killing citizens, been killing everybody. They don’t give no reason.”
The case centers on events authorities described on Aug. 23, 2023, when Duprey fled after allegedly selling drugs to an undercover officer in the Bronx. Duran, who had been part of a narcotics unit conducting the operation, was seen in security footage grabbing a red cooler nearby and quickly hurling it at Duprey, in an attempt to stop him, the report said.
Prosecutors said the container—filled with ice, water and sodas—struck Duprey and caused him to lose control of the scooter. Duprey then slammed into a tree and crashed onto the pavement before landing under a parked car. Prosecutors said the 30-year-old, who was not wearing a helmet, suffered fatal head injuries and died almost instantaneously.
Duran did not appear to react when the ruling was handed down, and his lawyers did not comment after the verdict, the report said. Duran testified in his own defense earlier in the week, saying he had only seconds to react and that he was trying to protect other officers as Duprey sped toward them. He told the court: “He was gonna crash into us,” and added, “I didn’t have time. All I had the time for was to try again to stop or to try to get him to change directions. That’s all I had the time to think of.”
Prosecutors countered that Duprey did not pose a threat and that his death was not accidental but resulted from Duran’s reckless, negligent and intentional actions. They also maintained that Duran had enough time to warn others to move, but instead tossed the cooler in what they characterized as anger and frustration.
The judge also ruled on the charges before sentencing. The report said Duran faced criminally negligent homicide and assault counts in addition to the manslaughter charge. Mitchell dismissed the assault count earlier, finding prosecutors failed to show Duran intended to hurt Duprey, and Mitchell did not deliver a separate verdict on the criminally negligent homicide count because he had already found Duran guilty of the more serious manslaughter charge.
After conviction, the New York City Police Department confirmed that Duran was dismissed, following state law that requires dismissal after conviction. The report said Duran had been suspended with pay pending trial. Prosecutors said the sergeant now faces up to 15 years in prison when he is sentenced on March 19.
Outside the courthouse, the Sergeants Benevolent Association called the outcome wrong. Vincent Vallelong, the union president, said verdicts such as the one in the case send “a terrible message” and argued that officers could face criminal charges and conviction even when using force is intended to defend fellow officers or citizens. “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,” Vallelong said.
State Attorney General Letitia James, whose office prosecuted the case, offered condolences to Duprey’s family. In a statement, James said, “Though it cannot return Eric to his loved ones, today’s decision gives justice to his memory,” according to the report.