A former NYPD sergeant was sentenced Thursday to three to nine years in prison for killing a man by throwing a cooler at his head during an attempted drug bust.
A Bronx judge convicted Erik Duran, 38, of second-degree manslaughter earlier this year. The New York attorney general’s office argued at trial that he used excessive force during a botched drug bust, causing 30-year-old Eric Duprey’s death. Duran’s attorney said his client made a split-second decision to protect himself and others.
Duran’s case is a rare instance of a law enforcement officer facing prosecution — let alone a guilty verdict — for using force against someone while on duty. He was the first NYPD officer to stand trial for an on-duty killing since 2021, when New York required the attorney general’s office to investigate all deaths at the hands of law enforcement officers.
Justice Guy Mitchell said in court Thursday that Duran should face accountability for his lack of judgment when he threw the cooler.
“I did not see any justification in doing that,” Mitchell said.
The judge said he believed Duran was genuinely remorseful and unlikely to reoffend. Mitchell added that the sentence would serve as a deterrent against officers breaking the law.
On Aug. 23, 2023, Duran and other Bronx narcotics detectives were conducting undercover drug arrests at different locations, according to prosecutors. Police were trying to arrest another person when Duprey started to flee on a motorized scooter, Attorney General’s Investigative Counsel Angel Chiohh said during opening statements.
Duran grabbed a heavy picnic cooler and heaved it at Duprey’s head, causing him to lose control of the scooter, Chiohh said. His vehicle hit a tree, then he fell off and cracked his head open, the prosecutor said.
Dozens of people crammed into every seat in the Bronx courtroom Thursday, including members of Duprey’s family, advocates against police misconduct and members of the NYPD.
Duprey’s mother, Gretchen Soto, told the judge her family, including his siblings and kids, miss him every day.
“There are no words for me to express how I feel,” Soto said in Spanish, asking for justice.
Duran apologized to Soto in Spanish during a brief statement to the judge.
“I am very sorry for the loss of your child,” Duran said. “I never wanted this to happen. I pray for you and your family.”
Soto sobbed as Duran spoke, sitting hunched in her seat and rocking back and forth.
The former sergeant told the judge he wanted to become a police officer because of formative experiences during his childhood in the Bronx. He also said his best friends growing up were “swallowed up” by drugs and gangs, and his work exposed him to a high level of violence.
“I regret that this day ever happened,” Duran said.
During a nearly 25-minute speech to the judge, defense attorney Andrew Quinn urged Mitchell not to hand down a sentence of incarceration, citing dozens of letters to the court vouching for Duran’s character and a petition signed by thousands of law enforcement officers from around the country.
Quinn said Duran does not pose a danger to the public and “has already been punished more than sufficiently,” noting he has lost his job and pension, could lose his home and has “bleak” prospects of getting another job “because now he’s the ‘cooler cop.’”
“Erik Duran should not be punished with incarceration for a decision that he made in two-and-a-half seconds,” Quinn said. “He never intended to injure anyone.”
The attorney said sending Duran to prison “will send a terrible message” to members of the NYPD and officers elsewhere who have to make urgent decisions that sometimes end in tragedy.
Mitchell said it was unnecessary for Duran to chase after Duprey and wasn’t convinced by the defense’s argument that Duran threw the cooler to protect himself and others.
The judge pointed out that Duran and Duprey were both raised in the Bronx, both Latino and both had families who would be deeply affected by the outcome of the case.
“But the distinction is the deceased, Eric Duprey, will no longer see his family,” Mitchell said. He denied a request from the defense to delay Duran’s incarceration temporarily while he appeals.
The police department dismissed Duran after his conviction, as is required under New York law, according to an NYPD spokesperson. Vincent Vallelong, president of the Sergeants Benevolent Association union, said at the time that it would review all legal options to get the verdict overturned and that Duran maintained his innocence.
After Duran’s sentencing, Vallelong said in a statement that “today will forever be remembered as one of the darkest days in the history of our profession.
“Moving forward, the SBA will do all that we can to support Sgt. Duran and his family throughout his appeal, and we will not stop until justice is served,” he said.
This story has been updated with additional information.