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A former police officer from New York City, charged with causing the death of a suspect by hurling a cooler filled with ice and beverages at him, received a prison sentence ranging from three to nine years, as announced by a judge on Thursday.
Critics argue that this ruling might impact how officers react in high-pressure, split-second situations in the future.
Erik Duran, aged 38, was found guilty of manslaughter in connection with the death of 30-year-old Eric Duprey in August 2023. Duran defended his actions by stating that his intention was to shield fellow officers from Duprey, who was riding a motorized scooter at the time of the incident and subsequently lost his life in a crash.
This case marks the first time in at least 20 years that a former NYPD officer has been imprisoned for a death occurring while on duty.
“I joined the force to save lives. I felt devastated when I witnessed Eric Duprey’s crash,” Duran expressed to Bronx Judge Guy Mitchell.
NYPD Sgt. Erik Duran appears in court during his arraignment at the Bronx Hall of Justice on Jan. 23, 2024. Duran was indicted in the August 2023 death of Eric Duprey during an undercover drug operation. (Luiz C. Ribeiro/New York Daily News via Getty Images)
The judge argued Thursday’s sentence 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.
“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 after an NYPD officer threw a cooler at him as he was fleeing a drug operation in the Bronx. (WNYW)
On Aug. 23, 2023, the officer was part of a “buy-and-bust” operation in which 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 riding the motorized scooter on a sidewalk toward a group of people. As Duprey 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 after the sentencing of former New York City police Sgt. Erik Duran 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.”
After his conviction in February, Duran, a 13-year veteran of the force, was fired from the NYPD.Â
“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.Â
“There are no words to express what I feel,” Soto said. 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 Jan. 23, 2024. (Getty Images )
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 it 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.Â
“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 is 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.
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