NYC judge seeks to make example of officer who threw cooler at fleeing suspect, causing fatal crash

A former NYPD officer, previously sentenced to a prison term ranging from three to nine years for causing a suspect’s death by hurling a cooler at him, is set to be released as he seeks to overturn his conviction.

Erik Duran was granted a $300,000 bail by a state appeals court, according to a report by the New York Post on Friday.

Vincent Vallelong, president of the Sergeants Benevolent Association, expressed his satisfaction, announcing, “I’m thrilled to report that our legal team has successfully secured bail for Erik Duran. He will be released and remain at liberty during the appeal process.”

Vallelong further noted, “This is a significant victory not only for Erik and his family but also for law enforcement officers nationwide!”

Former New York City police sergeant Erik Duran seated in courtroom during sentencing hearing

In April 2026, former NYPD sergeant Erik Duran attended his sentencing at the Bronx County Hall of Justice in New York. He faced charges for throwing a drink-filled picnic cooler at Eric Duprey, a suspect who subsequently crashed his motorized scooter and died. (Michael R. Sisak/AP)

Arthur Aidala, Duran’s lawyer, conveyed to Fox Digital that the decision for his client’s release came as no surprise to them.

“We are very pleased but not surprised that the Appellate Division found that there are legitimate appellate issues in Sgt Duran’s case,” Aidala said. “It was obvious to the Court that he is not a flight risk nor a danger to the community and was entitled to be at home with his family during pendency of the appeal.”

Duran, 38, a married father of three, was convicted of manslaughter in February for the August 2023 death of Eric Duprey. Duprey was attempting to flee arrest on a moped during an undercover drug sting in the Bronx when Duran chucked an Igloo cooler at him, causing him to crash onto the pavement.

Eric Duprey pictured in a flyer.

Eric Duprey died in August 2023 when a an NYPD officer threw a cooler at him as he was fleeing a drug operation in the Bronx. (WNYW)

He died instantly.

Duran maintained he was trying to protect other officers from Duprey, who was operating the motorized bike on a sidewalk.

During sentencing, Bronx Judge Guy Mitchell said the punishment would serve as a “general deterrent” to other officers from acting recklessly.

He rejected Duran’s defense that his actions were justified, concluding that the former officer threw the cooler because he was upset that Duprey was fleeing.

NYPD Sgt. Erik Duran appearing in court during arraignment

NYPD Sgt. Erik Duran appears in court during his arraignment at the Bronx Hall of Justice on Jan. 23, 2024. Duran was indicted in connection with the Aug. 2023 death of Eric Duprey during an undercover drug operation. (Luiz C. Ribeiro/New York Daily News via Getty Images)

“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.”

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