A Bronx judge sentenced a former New York City police sergeant, Erik Duran, to three to nine years in prison after jurors convicted him of manslaughter in the 2023 death of Eric Duprey, following a court case centered on what happened during a fleeing-suspect encounter. Duran was immediately taken into custody after sentencing Thursday, according to the Associated Press.
Duran, 38, was convicted in the death of Duprey, a 30-year-old who died after a picnic cooler—thrown by the then-officer—struck him and led to a crash involving a motorized scooter. The case focused on a brief moment when, prosecutors said, Duran threw the cooler at a suspect who was trying to get away, after which Duprey lost control and slammed into a tree before crashing onto the pavement.
In court, Duran told Judge Guy Mitchell that he took the job to save lives and said he felt terrible after seeing Duprey crash. Duran also apologized to Duprey’s family, adding that he “did everything he could” to attend to Duprey’s injuries, with a court interpreter translating his apology from Spanish.
Duprey’s mother, Gretchen Soto, wept as Duran spoke, and she previously told the court, “There are no words to express what I feel.” Soto later disputed the version of events presented by police, describing her son to the court as a person rather than “just a name, not just one more case,” and saying it was an “unjust incident” through a Spanish interpreter.
Judge Mitchell said he did not accept Duran’s defense that his actions were justified, concluding that Duran hurled the cooler because he “was upset that Mr. Duprey was getting away.” The judge said that if there had been no cooler, Duprey “would have driven by” Duran and “could’ve been captured another day,” rejecting the idea that the throw was necessary to prevent immediate harm.
Prosecutor Joseph Bianco, appearing for the state Attorney General Letitia James’ office, argued that Duran recklessly caused Duprey’s death and attempted to cover up his actions. Defense lawyer Andrew Quinn sought no prison time, describing Duprey’s death as the “unintended and tragic consequences” of what he characterized as a reckless decision made in a short span of time.
The sentence was below the maximum range prosecutors had sought of five to 15 years. After the sentence, Duran’s lawyer, Arthur L. Aidala, said he would ask a court to free Duran on bail while he appeals.
In the account presented at trial, police described Duran as part of a narcotics policing unit that ran a “buy-and-bust” operation in the Bronx on Aug. 23, 2023. Police said Duprey sold drugs to an undercover officer, then attempted to flee on a scooter. Surveillance video, prosecutors said, showed Duprey driving on a sidewalk toward a group of people, and showed Duran—who was not in uniform—picking up a bystander’s cooler and throwing it as Duprey approached.
After the cooler struck Duprey, prosecutors said, Duprey lost control of the scooter and crashed, sustaining fatal head injuries and dying almost instantly, according to the prosecution. They said Duprey was not wearing a helmet, and they argued Duran had enough time to warn others to move but instead threw the cooler because he was angry.
Duran testified that he made a quick decision to try to keep other officers safe from the scooter speeding toward them, saying at the time, “He was gonna crash into us,” and “all I had time for was to try again to stop or to try to get him to change directions.” Duran also opted to have Judge Mitchell, rather than a jury, decide the case.
After the crash, Duran worked for the NYPD for 13 years, but his employment ended following the case: he was suspended after the incident, and was fired after his conviction in February. In the courthouse hallway after the sentence was announced, someone shouted “Nobody’s above the law,” and afterward Duprey’s partner, Pearl Velez, and Soto said they did not accept Duran’s apology.
Outside court, protesters demanded justice for Duprey. Duran’s union, the Sergeants Benevolent Association, said thousands of officers signed an online petition calling for him to be spared prison, and union president Vincent Vallelong said the sentence would “forever” mark what he called the darkest day of the profession. Vallelong argued that the prison term “puts in the back of a police officer’s mind” that officers can lose their freedom for a split-second decision.