NEW YORK — A former sergeant with the New York City Police Department received a prison sentence of three to nine years on Thursday for throwing a picnic cooler filled with drinks at a suspect who was fleeing, resulting in a fatal motorized scooter accident.
Erik Duran, the ex-officer in question, was found guilty of manslaughter related to the death of Eric Duprey in 2023. Duran claimed in court that his actions were intended to protect fellow officers from the oncoming scooter.
“I joined this profession to save lives. I felt devastated upon witnessing Eric Duprey’s crash,” Duran expressed during the hearing, asserting that he did all he could to assist Duprey after the incident. He addressed Duprey’s family directly in Spanish, with an interpreter conveying his sentiments, stating, “I never wished for this outcome.”
Duprey’s mother, Gretchen Soto, was visibly emotional as Duran spoke. Earlier, she had told the court, “Words cannot convey my feelings.”
Judge Guy Mitchell rejected Duran’s justification for his actions. “The court believes that Sgt. Duran was frustrated by Mr. Duprey’s attempt to escape and reacted by throwing the cooler,” Mitchell stated.
Following the sentencing, Duran was taken into custody. His attorney, Arthur Aidala, indicated plans to seek bail pending appeal, which would allow Duran to remain free while contesting his conviction.
“No one is above the law,” a woman shouted in the courthouse hallway after the sentence was delivered.
The case has sparked strong reactions from both law enforcement and accountability advocates. The Sergeants Benevolent Association has reported that thousands of officers have signed an online petition urging for leniency in Duran’s case.
A significant presence of NYPD officers was noted in the Bronx courthouse corridor ahead of the sentencing, while a small group of demonstrators gathered outside, advocating for justice for Duprey.
Prosecutors from the office of state Attorney General Letitia James had called for a prison term of three to nine years, asserting that Duran acted recklessly, leading to Duprey’s death. “He was on duty when he did this and then tried to conceal his actions,” prosecutor Joseph Bianco remarked during the court proceedings.
Duran, part of a narcotics unit, was involved in a “buy-and-bust” operation in the Bronx on August 23, 2023, when Duprey allegedly sold drugs to an undercover officer and attempted to flee on his scooter.
Surveillance footage captured Duprey riding the scooter on a sidewalk towards a crowd. Duran, who was off-duty at the time, picked up a cooler from a bystander and threw it at Duprey.
The cooler, filled with ice, water, and sodas, struck Duprey, causing him to lose control of the scooter, which then crashed into a tree and fell onto the pavement. Duprey, who was 30 years old and not wearing a helmet, suffered fatal head injuries and died almost immediately, according to prosecutors.
They contended Duran had ample opportunity to alert others to move but chose to throw the cooler out of anger. Duran, however, testified that his action was a split-second decision made to protect other officers from the oncoming scooter. “He was going to crash into us,” Duran said, explaining that he acted in haste to avert a potential collision.
Duran opted for a bench trial, allowing Judge Mitchell to make the final decision instead of a jury.
Vincent Vallelong, president of the Sergeants Benevolent Association, stated that the conviction sends a troubling message to dedicated officers regarding the repercussions of defending themselves and their colleagues.
Duran served as an NYPD officer for 13 years before being suspended following the incident and subsequently dismissed after his conviction in February.
Duprey worked as a delivery driver and was a father to three young children. His mother, Gretchen Soto, who was on a video call with him shortly before his death, has contested the police’s assertions regarding her son’s involvement in drug sales and his attempt to evade capture.
Speaking to the judge, she emphasized, “My son is not merely a name or another case.”
“This incident is unjust,” Soto stated through a Spanish interpreter. “As a mother, I now have to endure his absence every single day.”
This report includes contributions from Associated Press writer Jennifer Peltz.
