Opening statements got underway Wednesday in the manslaughter trial of an NYPD sergeant accused of killing a fleeing suspect by throwing a picnic cooler at his head during a Bronx drug arrest.
Erik Duran walked into Bronx Supreme Court for the first day of his bench trial, where a judge will decide his guilt or innocence.
He is being prosecuted by the New York state attorney general’s office on charges of manslaughter, criminally negligent homicide and assault.
What You Need To Know
Erik Duran is on trial for second-degree manslaughter, assault and criminally negligent homicide
Prosecutors say he threw a picnic cooler at Eric Duprey as Duprey fled on a scooter in August 2023
Duprey, a 30-year-old father of three, died after losing control of the scooter and falling
The case stems from an August 2023 incident that was captured on surveillance video.
Prosecutors say Duran threw a picnic cooler filled with beverages and ice at 30-year-old Eric Duprey as Duprey attempted to flee on a motorized scooter following an alleged drug sale to an undercover officer.
Duprey, a father of three, lost control of the scooter and fell to the ground. Prosecutors say he died almost instantly.
His mother and wife were in the courtroom Wednesday for opening statements.
“She says she misses her son. She has her pain, and she wants justice to be served for her son,” said Gloria Checo, translating for Duprey’s mother, Gretchen Soto.
State Attorney General’s Investigative Counsel told the court that Duran was leading a narcotics team in the Bronx that was attempting to arrest Duprey moments after the alleged drug sale. When Duprey fled down the sidewalk on his scooter, prosecutors said, Duran picked up a nearby cooler and hurled it at his head.
While Duprey was suspected of selling drugs, prosecutors argued that the law does not permit officers to use deadly force to make an arrest.
“That act was intentional. It was reckless. It was negligent. Make no mistake about it — it wasn’t an accident,” said Angel Chiohh, an attorney for the state attorney general’s office, during opening statements.
Before the trial began, members of Black Lives Matter Greater New York held a protest outside the courthouse, calling for accountability.
“I’m glad that this trial is happening now. I’m glad that justice is coming to the Bronx,” said Hawk Newsome, president of Black Lives Matter Greater New York. “We want to send a message to the country that ICE shooting an unarmed person in the face is the same as a police officer in the Bronx crushing someone’s skull with a cooler.”
Defense attorneys argued that Duran acted to protect officers and civilians on the sidewalk, saying Duprey drove his scooter at a high rate of speed toward police as he tried to escape.
“Duran was given 2.5 seconds to make a life-and-death decision, and that was because of Erik Duprey’s actions,” defense attorney Andrew Quinn said in his opening statement.
Duran has pleaded not guilty to all charges. If convicted on the manslaughter count, he could face up to 25 years in prison.