By DAVID GREENE

ERIC DUPREY WAS killed during a police undercover sting operation in on the evening of Aug. 23, 2023, in the vicinity of 2505 Aqueduct Avenue, an NYPD officer the Fordham Manor section of The Bronx. 
Photo courtesy of Partisan Defense Committee

New York Attorney General Letitia James announced the conviction on Friday, Feb. 6, of NYPD Sergeant Erik Duran, 38, of Putnam County, on the charge of manslaughter in the second degree in relation to the death of Eric Duprey, 30, amid a sting operation in the Fordham Manor section of the Bronx in the summer of 2023.

 

As reported, according to the NYPD and prosecutors with the Office of the Attorney General’s Office of Special Investigation, who as reported, opened their investigation into the case in September 2023, on Aug. 23, 2023, Duran, working undercover as part of an NYPD buy-and-bust [sting] drug operation [NYPD Narcotics Borough Bronx (NBBX) Tactical Response Unit], at 2505 Aqueduct Avenue in Fordham Manor, and as Duprey was trying to escape the sting on a scooter, the sergeant threw a picnic cooler at him, knocking him to the ground. He incurred head and other injuries and died.

 

In January 2024, as reported, James announced manslaughter charges were being brought against Duran in the context of the fatal water cooler throw.

 

A video, released in September 2023 by the AG’s office, as reported, shows Duprey falling from his vehicle after he was struck with the cooler and crashing onto the street. In a statement following Duprey’s death, the NYPD said, in part, “The NYPD is committed to ensuring there will be a full, thorough, and transparent investigation of this incident to determine the facts and to take the appropriate steps forward.”

 

Duran was found guilty in a bench trial (meaning no jury) before Judge Guy Mitchell at Bronx Criminal Court, and is due back in court for sentencing on March. Manslaughter in the second degree carries a maximum sentence of 5 to 15 years in prison. Mitchell set bail at $300,000 bond or $500,000 partially secured bond.

 

“I offer my sincerest condolences to the family and friends of Eric Duprey,” said James following the conviction. “Though it cannot return Eric to his loved ones, today’s decision gives justice to his memory.”

 

At 2 p.m. on Friday, Hawk and Chivona Newsome, cofounders of Black Lives Matter, alongside the family of Eric Duprey, gathered at the Bronx Hall of Justice to address the closing stages of the trial, having previously called for justice once again for Duprey during a rally on Jan. 8 outside Bronx Criminal Court ahead of the beginning of the trail and vowing to attend court each day.

 

They said Duprey’s family was calling for a verdict of reckless and unreasonable conduct, asserting that the evidence presented in court left the judge with no other legal or moral choice.

Black Lives Matter and attorneys and advocates for the mother of Eric Duprey, killed during a police-involved incident on Wednesday, Aug. 23, 2023, at 2505 Aqueduct Avenue in the Fordham Manor section of the Bronx, hold a press conference outside Bronx Criminal Court on Jan. 14, 2026, on the first day of the trial for Sgt. Erik Duran, the NYPD member on trial in relation to Duprey’s death. Video by Norwood News 

“The defense’s logic in this case is not just flawed—it’s a threat to every New Yorker,” Hawk Newsome said. “If we allow the ‘Cooler Killer’ to justify throwing a heavy projectile at a person on a scooter under the guise of ‘protecting people behind him,’ we are opening a door that cannot be closed. By that logic, every New Yorker now has a license to kill any scooter driver they feel is coming toward them too fast. We cannot have one set of rules for the police and another for the people.”

 

He continued, “Furthermore, the testimony has been riddled with contradictions. One officer claimed they didn’t see the scooter, yet video and testimony show that same officer pointed directly at Eric as he approached. This wasn’t a split-second mistake; it was the result of a frustrated, failing operation. Officers were yelling that things were going wrong, and they even arrested the wrong person initially. Sgt. Duran didn’t act out of necessity; he acted out of reckless frustration.”

 

For her part, Chivona Newsome, said, “The Sgt. claimed there was no space for the scooter to pass, but the physical evidence proves otherwise. Even after he recklessly threw that cooler, the scooter passed him and the other officers without making any contact. He had plenty of room. He stated himself that he could have moved out of the way—just as the other officer who claimed not to be looking managed to do. Eric Duprey should be alive today. The judge must find these actions for what they were: reckless, unreasonable, and criminal.”

Pursuant to New York law, the Office of the Attorney General’s (OAG) Office of Special Investigation (OSI) assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person, by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. OSI officials say that if OSI’s assessment indicates an officer caused the death, the office proceeds to conduct a full investigation of the incident.

 

As reported, protestors had previously demonstrated outside the 52nd Precinct in The Bronx in September 2023, though Duran is, as above, was stationed with the Bronx narcotics unit. Hawk Newsome of Black Lives Matter, Hawk Newsome, was arrested in midtown Manhattan in September 2023 for protesting Duprey’s death without a permit.

 

Black Lives Matter and attorneys and advocates for the mother of Eric Duprey, killed during a police-involved incident on Wednesday, Aug. 23, 2023, at 2505 Aqueduct Avenue in the Fordham Manor section of the Bronx, hold a press conference outside Bronx Criminal Court on Jan. 14, 2026, on the first day of the trial for Sgt. Erik Duran, the NYPD member on trial in relation to Duprey’s death. Video by Norwood News 

The case was prosecuted by Senior Investigative Counsel Joseph Bianco and Investigative Counsel Angel Chiohh, and was supervised by Deputy Bureau Chief Daphna Frankel and Supervising Investigative Counsel Jessica Cepriano. Detectives Santiago Molina and Luisa Giraldo and retired Supervising Detective Walter Lynch of OAG’s Investigation Division led the investigative work on the case, and the trial lawyers were supported by OSI Analysts Isabella Fratta and Payton Sapletal.

 

The OSI’s Bureau Chief is Owen Heimer. The OSI is part of the Division for Criminal Justice, which is led by Chief Deputy Attorney General José Maldonado and overseen by First Deputy Attorney General Jennifer Levy. The Investigation Division is headed by Chief Oliver Pu-Folkes.