An NYPD sergeant has been convicted of manslaughter for throwing a cooler that killed a man during a botched arrest in the Bronx in 2023.
A judge found 38-year-old Erik Duran guilty of involuntary manslaughter and not guilty of criminally negligent homicide on Friday.
The NYPD sergeant was accused of throwing a cooler at a fleeing suspect in the Bronx.
The suspect, 30-year-old Eric Duprey, then crashed his scooter and died.
“3 years waiting for justice. I never lost faith,” said Orlyanis Velez, Duprey’s wife.
Duran was indicted on manslaughter charges in Duprey’s death in August 2023. Duprey was a delivery worker suspected of drug dealing.
The defense lawyers say that Duran made the decision, “To save his own life and the lives of others.”
Before entering their closing, the prosecutors from the state attorney general’s office took out the red Igloo itself and put it on the table, calling the decision to throw it away “unreasonable and unnecessary,” and told the court “you will recover because this is so inconsistent with the standard of care.”
Their case included a mix of body-worn camera video and surveillance videos they say show Duran “angry and frustrated” because his team was “losing control of the operation and Eric Duprey is getting away because they arrested the wrong guy.”
The case was a lightning rod for activists and their calls for justice are still growing.
“The American judicial system must send a message that law enforcement actions cannot go unchecked,” said activist Hawk Newsome. “Just like ICE killed a woman in her car. Just like ICE shot a peaceful protester point blank range. Just like this man who was on probation, grabbed a cooler and hit someone in the head. We as Americans have to draw a line in the sand.”
Sergeants Benevolent Association President Vincent Vallelong issued a statement after the verdict saying, “Today’s verdict was a miscarriage of justice. We vigorously maintain Sergeant Duran’s innocence. The verdict handed down by Judge Mitchell is clearly against the weight of credible evidence. Verdicts like this send a terrible message to hard-working cops: a city, no matter how justified your actions, you risk criminal charges and conviction Our attorneys are reviewing our legal options.
Duran, who pleaded not guilty to both charges, now faces a maximum sentence of between five and 15 years in prison for the second degree manslaughter charge.
The criminally negligent homicide charge carried 1-1/3 to four years in prison if convicted.
“We set a precedent today. Today, justice prevails in New York. There is a new gay marriage. That’s right. It’s a new day. That’s right. You just can’t grab a cooler and smash us in the hay,” said Newsome.
Wearing a necklace with her son’s photo, Duprey’s mother addressed the media.
“It was all mine. I’m glad justice was served,” Gretchen Soto said.
Duran left the court looking somber as the cheers continued outside.
Duprey’s wife said she is glad for some closure but admits she hopes for a tougher penalty.
“For life. nobody has the right to take someone’s life like that,” said Velez.
The sentence will take place on March 19.
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