In a significant legal development, a sergeant from the New York City Police Department was convicted of manslaughter on Friday for causing the death of a suspect during a drug arrest. The incident involved Sgt. Erik Duran, 38, who threw a plastic cooler at Eric Duprey, fatally striking him as he attempted to flee from police on a scooter.
The fatal encounter took place in August 2023 in the Bronx. According to trial accounts, Duprey was escaping undercover officers along a sidewalk after allegedly selling them $20 worth of cocaine, as reported by the New York Post.
Notably, Duran’s conviction marks the first occasion in ten years where an NYPD officer has been found guilty of a crime related to an on-duty killing in New York City. The consequences of this verdict could be severe for Duran, as he now faces a potential 15-year prison sentence, with sentencing set for March 19.
In an unusual legal move, the sergeant opted for a bench trial, placing his fate in the hands of a judge rather than a jury.
The prosecution of this case was managed by the office of New York Attorney General Letitia James. Under a 2015 state mandate, her office has the authority to handle investigations and prosecutions of deaths involving police officers.
The case was prosecuted by New York Attorney General Letitia James’ office, which has jurisdiction over police-involved deaths under a 2015 state law.
Surveillance video shows Duprey driving on a sidewalk toward a group of people who do not appear to be in uniform.
As he approaches, the video shows Duran picking up a red object — the cooler — and throwing it at the motorcyclist’s head from close range. Duprey then loses control and is thrown toward a tree as the motorcycle veers into the street. The bike then smashes into a metal barricade before coming to rest against a parked car. He was pronounced dead minutes after the crash, police said.
Duprey had fled as plainclothes narcotics unit officers tried to arrest him on suspicion of selling drugs in what’s known as a “buy-and-bust” operation, according to police.
Bronx Supreme Court Judge Guy Mitchell announced the verdict Friday afternoon in a courtroom filled with police officers on one side and Duprey’s relatives, friends and activists on the other, the New York Post reported. Court officers separated the groups.
Duran looked down at the defense table as the verdict was read while Duprey’s mother, Gretchen Soto, and his partner, Pearl Velez — the mother of his two children — cried in the gallery.
Hawk Newsome, co-founder of Black Lives Matter of Greater New York, speaks during a protest outside the Bronx Hall of Justice following the arraignment of NYPD Sgt. Erik Duran in 2024. (Luiz C. Ribeiro/New York Daily News via Getty Images)
“I never lost faith. I always was, you know…that justice is going to happen,” Velez told reporters afterward.
Following the conviction, Sergeants Benevolent Association (SBA) President Vincent Vallelong issued a statement calling the verdict a “miscarriage of justice” and stating it sends a “terrible message” to officers who use force in defense.
“We vigorously maintain Sergeant Duran’s innocence,” Vallelong said. “The verdict rendered by Judge Mitchell is clearly against the weight of the credible evidence.”
“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 added.
According to the Post, Duran testified in his own defense, claiming he threw the cooler to protect fellow officers.
Pearl Velez, the partner of Eric Duprey, attends the arraignment of NYPD Sgt. Erik Duran at the Bronx Hall of Justice in New York, Jan. 23, 2024. (Getty Images)
“I thought he was going to kill my guys,” Duran said during the three-week trial.
Judge Mitchell rejected that argument, ruling Duran was not justified in using deadly force.
“After consideration of all evidence, the people proved beyond all reasonable doubt that this defendant was not justified,” the judge said.
Duran joined the NYPD in 2010 and has been recognized by the department dozens of times for what it deems excellent and meritorious police service, according to a police personnel database. Duran’s disciplinary record includes a substantiated complaint in 2022 for abusing his authority during a stop, according to the city’s Civilian Complaint Review Board.
