A former New York City police sergeant can remain free on bail while he appeals his conviction for throwing a cooler at a suspect who then crashed and died, a state appellate court judge ruled in April. Erik Duran, 38, was sentenced to three to nine years in prison for the 2023 death of Eric Duprey, 30, who lost control of his motorized scooter after being struck by the cooler and sustained fatal head injuries.
Duran, a married father of three, is the first New York City police officer sent to prison for an on-duty death in at least two decades, making his case a rare instance of criminal accountability for police action resulting in death. His release on bail while appealing reflects broader tensions in how accountability is balanced against protections for officers making split-second decisions.
The incident and conviction
The incident occurred during a narcotics buy-and-bust operation in the Bronx on August 23, 2023. Police said Duprey sold drugs to an undercover officer and then attempted to flee on a motorized scooter. Duran, a member of the narcotics unit, threw a cooler full of ice and drinks at the fleeing suspect.
The cooler struck Duprey, causing him to lose control of the scooter. He crashed into a tree and struck the pavement. Duprey was not wearing a helmet. He sustained fatal head injuries and died almost instantly.
At trial in February, Duran testified in his own defense, saying he was trying to protect other officers when he threw the cooler. A jury found him guilty of manslaughter. Judge Guy Mitchell sentenced him to three to nine years in prison and ordered him remanded to custody immediately, sending him to Rikers Island jail complex.
Appellate bail decision
Duran’s defense lawyer Arthur Aidala asked the Appellate Division to intervene. Judge Saliann Scarpulla of the mid-level appellate court ruled in Duran’s favor, ordering him freed on $300,000 cash or bond. The judge said Duran must surrender his passport to his lawyers, who will hold it pending the appeal.
“The ruling freeing Duran shows that the Appellate Division sees legitimate appellate issues in Sgt Duran’s case, and that he is not a flight risk nor a danger to the community,” Aidala said.
Community response
Vincent Vallelong, president of the Sergeants Benevolent Association, welcomed the bail decision. “This is a major win for Erik and his family and for law enforcement officers around the country,” he said.
The decision disappointed the Duprey family. Jon Roberts, a lawyer for the family, said they were “deeply disappointed” and that the ruling “reopens painful wounds for a family that has already endured an immense loss.” Roberts said the family’s focus remains on “seeking accountability and ensuring that the seriousness of what occurred is never diminished.”
The controversy extended beyond the courtroom. In the weeks before the bail decision, the New York Islanders displayed a message on their video board encouraging fans to donate to Duran’s legal defense fund and including a QR code, along with material from the Sergeants Benevolent Association. The Islanders said they would direct 25 percent of proceeds from a 50-50 raffle to support Duran’s legal defense costs.
Roberts said the Duprey family was “deeply troubled” by the team’s decision. He called it “not a neutral act” and said it “sends a message — intended or not — that risks undermining public confidence in a fair legal process and deepens the pain of a family still grieving.”