Sgt. Erik Duran, 38, was convicted of manslaughter for throwing a plastic cooler that struck Eric Duprey, who later died after crashing his scooter during an August 2023 Bronx buy-and-bust. Judge Guy Mitchell, hearing the case in a bench trial after Duran waived a jury, found the use of force unjustified. Duran faces up to 15 years in prison, with sentencing set for March 19. The case, prosecuted by New York Attorney General Letitia James' office, prompted sharply divided reactions from police representatives and the victim's family.
NYPD Sergeant Found Guilty Of Manslaughter After Throwing Cooler That Killed Fleeing Scooter Rider
NYPD sergeant convicted after throwing cooler at fleeing drug suspect in New York City: report
A New York City Police Department sergeant was convicted of manslaughter Friday after he threw a plastic cooler at a man riding a motor scooter during a Bronx buy-and-bust operation in August 2023. The rider, identified as Eric Duprey, crashed and died shortly after the impact.
What the Judge Found
Bronx Supreme Court Judge Guy Mitchell delivered the verdict after a bench trial — the result of Sgt. Erik Duran waiving his right to a jury. The judge concluded the prosecution proved beyond a reasonable doubt that Duran's use of force was not legally justified. Duran, 38, faces up to 15 years in prison and is scheduled to be sentenced on March 19.
Hawk Newsome, co-founder of Black Lives Matter of Greater New York, speaks during a protest outside the Bronx Hall of Justice after the arraignment of NYPD Sgt. Erik Duran in 2024.(Getty Images)
Surveillance Footage and Testimony
Prosecutors introduced surveillance video that shows Duprey riding a scooter along a sidewalk toward a group of people who did not appear to be in uniform. The footage shows Duran picking up a red plastic cooler and hurling it at the rider's head from close range. Duprey lost control, was thrown toward a tree and his scooter then struck a metal barricade and came to rest against a parked car. Police said Duprey was pronounced dead minutes after the crash.
Duran testified in his own defense during the roughly three-week trial, saying he threw the cooler because he believed the scooter posed an imminent threat to fellow officers. 'I thought he was going to kill my guys,' he testified. Judge Mitchell rejected that claim as a lawful justification for deadly force.
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.
Prosecution, Reaction and Context
The case was prosecuted by New York Attorney General Letitia James' office, which has authority over police-involved deaths under a 2015 state law. The verdict drew emotional scenes in a divided courtroom: uniformed officers sat on one side while Duprey's relatives, friends and activists sat on the other, separated by court officers. Duprey's mother and the mother of his two children were seen weeping in the gallery.
'I never lost faith. I always was, you know … that justice is going to happen,' Duprey's partner told reporters after the verdict.
Vincent Vallelong, president of the Sergeants Benevolent Association, called the verdict a 'miscarriage of justice,' warning that it could send a chilling message to officers who use force while on duty. The judge's ruling, however, maintained that the facts did not support a lawful use of deadly force in this incident.
Officer Record
Duran joined the NYPD in 2010 and, according to a personnel database, had received multiple departmental recognitions. His record also shows a substantiated complaint in 2022 from the city's Civilian Complaint Review Board for abusing his authority during a stop.
The Associated Press contributed reporting to this article.
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