In a case that has sparked much debate, a former New York City police officer, Erik Duran, received a prison sentence of three to nine years on Thursday. He was accused of fatally injuring a suspect by hurling a picnic cooler filled with ice and beverages during a pursuit. Critics argue this ruling might discourage officers from making swift decisions in the line of duty.
The 38-year-old ex-officer was found guilty of manslaughter in the August 2023 incident that led to the death of Eric Duprey, 30. Duran claimed his intention was to shield fellow officers from Duprey, who was riding a motorized scooter at the time of the fatal crash.
This sentencing marks a significant moment, as Duran becomes the first NYPD officer in over 20 years to face imprisonment for a death occurring while on duty.
Reflecting on the incident, Duran expressed remorse, stating, “I took this job to save lives. I felt terrible once I saw Eric Duprey crash,” during his appearance before Bronx Judge Guy Mitchell.
Erik Duran, formerly a sergeant with the NYPD, was seen in court during his arraignment at the Bronx Hall of Justice on January 23, 2024. His indictment stemmed from the August 2023 death of Eric Duprey during an undercover drug operation. (Image credit: Luiz C. Ribeiro/New York Daily News via Getty Images)
The judge emphasized that the sentence was intended to deter other officers from engaging in reckless behavior. Rejecting Duran’s justification, the judge concluded that the cooler was thrown out of frustration with Duprey’s attempt to escape.
“They had enough to investigate and catch him on a different day,” Mitchell said of the police. “The distinction is that the deceased will no longer be seen again by his family.”
Duran elected to have Mitchell, not a jury, decide the case. Duran’s union, the Sergeants Benevolent Association (SBA), said thousands of officers signed an online petition calling for him to be spared prison.
Eric Duprey died in August 2023 when an NYPD officer threw a cooler at him as he was fleeing a drug operation in the Bronx. (WNYW)
On Aug. 23, 2023, the then-officer was part of a “buy-and-bust” operation where Duprey sold drugs to an undercover officer, authorities said. After the sale, Duprey fled on a scooter.
Duran said he was concerned because Duprey was driving the motorized scooter on a sidewalk toward a group of people. As he approached, Duran, who was not in uniform, picked up a bystander’s cooler and threw it.
The container struck Duprey, who lost control of the scooter before slamming into a tree and crashing onto the pavement. He died almost instantly, authorities said. Prosecutors with the office of New York Attorney General Letitia James said Duran had enough time to warn others to move out of the way.
“The defendant knew or should have known that throwing the cooler at Mr. Duprey would either harm him or cause a collision,” a prosecutor said in court. “The defendant was aware of these risks and disregarded them.”
Gretchen Soto, mother of Eric Duprey, and Black Lives Matter advocate Hawk Newsome stand outside the Bronx County Hall of Justice following the sentencing of former New York City police Sgt. Erik Duran on April 9, 2026, in New York. (Michael R. Sisak/AP)
James’ office demanded the judge impose a sentence of five to 15 years. During his time on the witness stand, Duran said he was forced to make a quick decision to keep other officers safe as the scooter sped toward them.
“He was gonna crash into us,” Duran said. “All I had time for was to try again to stop or to try to get him to change directions.”
Following his conviction in February, Duran, a 13-year veteran of the force, was fired from the NYPD. “I never wanted this to happen,” Duran told Duprey’s family in Spanish as a court interpreter translated.
Duprey was a delivery driver and had three young children. His mother, Gretchen Soto, wept as Duran spoke, having said earlier: “There are no words to express what I feel.” After the sentencing, Soto and Duprey’s partner, Pearl Velez, refused to accept Duran’s apology.
“How you gonna say sorry now?” Velez said.
Pearl Velez, the partner of Eric Duprey, attends the arraignment of NYPD Sgt. Erik Duran at the Bronx Hall of Justice in New York on Jan. 23, 2024. (Eric Duprey’s partner Pearl Velez attends NYPD Sgt. Erik Duran’s arraignment in Bronx court.)
During the sentencing, the courtroom was lined with police officers in support of Duran, while a few dozen protesters outside demanded justice for Duprey. Duran was immediately taken into custody after sentencing. His legal team said they will ask a court to free him on bail while he appeals.
SBA President Vincent Vallelong called Thursday’s sentencing one of the “darkest days of our profession.” Moving forward, he said, law enforcement officers will continue to be vilified for making quick decisions.
“It wasn’t only Sgt. Duran, a great cop, who was on trial,” Vallelong said. “Every law enforcement officer who makes a split-second decision in the performance of their duties to protect the public was also on trial. And this sentencing… has now sent a very chilling message to every cop in the nation—that the system we have sworn to uphold can single-handedly destroy your career and your life for doing exactly what you are trained to do.”
The NYPD could be faced with lower staffing levels as more than half of the NYPD’s Joint Terrorism Task Force are eligible for retirement, the New York Post reported.
Officials are concerned that thousands of veteran NYPD bosses and officers will leave the force if Mayor Zohran Mamdani cuts overtime—which would significantly reduce their pensions—amid a budget crunch, union officials said.
–>
