A former NYPD sergeant convicted of manslaughter for throwing a cooler at a man during a drug bust was released from state prison Monday, according to corrections officials.
Erik Duran, 38, is leaving Elmira Correctional Facility in Western New York less than two weeks after a Bronx judge sentenced him to three to nine years in prison, following a court order for his release, correction officials said. Sergeants Benevolent Association President Vincent Vallelong said in a statement that Duran will remain free on bail while he appeals his conviction.
“This a major win for Erik and his family and for law enforcement officers around the country,” Vallelong said.
In a statement, Duran thanked his family, union and members of law enforcement for their “unwavering support and solidarity.”
“I now look forward to seeing my family and fighting my appeal with the same determination I demonstrated throughout my career in the NYPD,” he said.
Duran was the first NYPD officer to be convicted of killing someone while on duty in a decade. Prosecutors accused him of using excessive force when he threw a cooler filled with drinks and ice at Eric Duprey, while Duprey fled arrest on a motorbike in August 2023. The cooler caused Duprey, 30, to lose control of his bike, skid along the street and crash underneath a car, according to the New York attorney general’s office, which investigated the case. Duprey died at the scene.
Duran’s attorneys urged Bronx Justice Guy Mitchell not to sentence him to prison time, saying their client was not a safety threat and should not face incarceration for a decision he made in two-and-a-half seconds to protect people. They argued he has already faced enough punishment by losing his job and his pension. The NYPD dismissed Duran after his conviction.
But Mitchell said at sentencing that the former sergeant’s actions were not justified and that “he should be held accountable for his lack of judgment.” The judge also said he hoped the sentence he handed down would deter other law enforcement officers from breaking the law. Mitchell denied an initial request from Duran’s attorneys to keep him out of prison pending an appeal.
Chivona Newsome, cofounder of Black Lives Matter Greater New York, said Duprey’s family is angry and struggling to process the news of Duran’s release.
“I feel like the rules changed after we won,” Newsome said.
The National Police Defense Foundation has been fundraising money for Duran’s appeal. The New York Islanders hockey team encouraged fans to donate at a game last week, according to multiple news reports.
Arthur Aidala, Duran’s appellate attorney, said in a statement that the Appellate Division “found that there are legitimate issues in Sgt. Duran’s case” and that he is “entitled to be at home with his family during the pendency of his appeal.”