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Historic Verdict: NYPD Sergeant’s Conviction in Fatal Cooler Incident Marks First NYC Officer Guilty of Killing in 10 Years

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A New York Police Department sergeant was convicted of manslaughter on Friday for causing the death of a suspect by throwing a drink cooler at him during an undercover drug operation gone awry in the Bronx.

Sgt. Erik Duran, 38, was found guilty in connection with the August 23, 2023, incident that led to the death of Eric Duprey. This marks the first time in ten years that an NYPD officer has been convicted of a crime for an on-duty fatality.

The verdict was delivered by Judge Guy Mitchell in a courtroom that was filled with both Bronx police officers and supporters of Duprey, including family, friends, and activists. Court officers stood in the aisle to separate the two groups.


Defendant Erk Duran at his trial.
NYPD sergeant Erik Duran has been found guilty of manslaughter for hurling a drink cooler at a scooter-riding suspect. Tomas E. Gaston for NY Post

Duran defended his actions during the trial, claiming he threw the full Igloo cooler to shield fellow officers from Duprey, who was speeding toward them on a motorized scooter.

“I feared for the lives of my team,” Duran stated during his testimony in the three-week trial at the Bronx Supreme Court. The cooler struck Duprey’s arm, causing him to veer off course and collide with a tree. He was thrown from the scooter, hitting his head on the pavement and dying almost instantly.

Duran had opted for a bench trial, decided by a judge rather than a Bronx jury.

Prosecutors from New York State Attorney General Letitia James’ office had argued that Duran was criminally reckless, pointing the judge to the video showing Duprey pick up the cooler with both hands and chuck it at the fleeing Duran.


Image from court presentation showing a scooter and rider.
Eric Duprey died from his injuries after Sgt. Duran flung a drink cooler at him, causing him to fall and crack his head on the pavement. Tomas E. Gaston .. for NY Post

“It is such a gross deviation from the standard of care that you would expect from a reasonable person,” said prosecutor Joseph Bianco during closing arguments.

Duran faces up to 15 years in prison at his sentencing.

He was the first NYPD officer to go on trial for killing someone on duty since a 2015 law came on the books requiring the State Attorney General’s Office to probe deaths at the hands of police.

The last officer to be convicted for an on-duty killing was Peter Liang, a rookie cop who in 2016 was found guilty of manslaughter for fatally shooting unarmed Akai Gurley in a darkened public housing stairwell.

Liang was sentenced to five years of probation and 800 hours of community service.

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