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NYPD Sergeant Found Guilty for Cooler Incident with Escaping Drug Suspect in NYC

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A New York City Police Department sergeant found himself at the center of a legal storm when he was convicted of manslaughter for an incident that led to the death of a suspect in August 2023. Sgt. Erik Duran, now 38 years old, was determined guilty on charges stemming from his actions during a drug bust. The case involved him throwing a plastic cooler at a suspect who was attempting to escape the scene on a scooter.

The victim, Eric Duprey, was reportedly trying to evade capture after being accused of selling $20 worth of cocaine to undercover officers in the Bronx. As he sped away along the sidewalk, the tragic encounter unfolded, resulting in his untimely death. The New York Post highlighted the significance of this conviction, noting that Duran is the first NYPD officer in a decade to be found guilty of killing someone while performing his duties.

As the legal proceedings concluded, the Post reported that Sgt. Duran could face a prison sentence of up to 15 years, with his sentencing slated for March 19. In a strategic legal decision, Duran had opted to forgo a jury trial, placing the outcome solely in the hands of a judge.

The courtroom at the Bronx Hall of Justice served as the backdrop to this high-profile case, which has now set a precedent for accountability within the ranks of the NYPD. The trial’s conclusion was closely watched by many, reflecting the ongoing public discourse on law enforcement practices and the consequences of their actions.

NYPD Sgt. Erik Duran appears in Bronx court during his arraignment.

NYPD Sgt. Erik Duran appears in court at the Bronx Hall of Justice in 2024. On Friday, Duran was found guilty of the August 2023 death of Eric Duprey, who was speeding away from undercover police along a sidewalk in the Bronx after allegedly being busted for selling them $20 worth of cocaine, trial testimony revealed. (Luiz C. Ribeiro/New York Daily News via Getty Images)

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.

Activists protest outside Bronx court after arraignment of NYPD Sgt. Erik Duran.

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.

Eric Duprey’s partner Pearl Velez attends NYPD Sgt. Erik Duran’s arraignment in Bronx court.

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.

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