Former NYPD Sergeant Released on Bail During Manslaughter Appeal
A former New York City police sergeant will remain out of jail while he appeals his manslaughter conviction for throwing a picnic cooler at a fleeing suspect, who subsequently crashed his motorized scooter and died, a judge ruled on Friday.
Court Decision and Conditions
Judge Saliann Scarpulla of the state appellate court ordered Erik Duran freed on $300,000 cash or bond. He must surrender his passport to his lawyers, who will retain it until the appeal concludes. This decision came one week after a lower-court judge sentenced Duran to three to nine years in prison and sent him to jail immediately for the 2023 death of 30-year-old Eric Duprey.
Reactions from Both Sides
Vincent Vallelong, president of Duran's union, the Sergeants Benevolent Association, hailed the ruling as a major win for Erik and his family and for law enforcement officers around the country. In contrast, Jon Roberts, a lawyer for Duprey's family, expressed deep disappointment, stating that the outcome reopens painful wounds for a family that has already endured an immense loss. He emphasized their focus on seeking accountability and ensuring the seriousness of the incident is not diminished.
Background of the Case
Duran, a 38-year-old married father of three, was the first former NYPD officer sentenced to prison for an on-duty death in at least two decades. During his trial in February, Duran testified that he was trying to protect other officers when he heaved the cooler full of ice and drinks at Duprey during a narcotics operation in the Bronx on August 23, 2023. The container struck Duprey, causing him to lose control of his scooter, slam into a tree, and crash onto the pavement. Duprey, who was not wearing a helmet, sustained fatal head injuries and died almost instantly.
Legal and Public Response
Duran's lawyer, Arthur Aidala, argued that the appellate decision shows the court sees legitimate appellate issues and that Duran is not a flight risk nor a danger to the community. The case has galvanized activists, with some labeling Duran the cooler killer, while pro-police forces argue that his imprisonment sends a negative message about split-second decisions by officers.
In a related development, the New York Islanders displayed a message at their arena encouraging hockey fans to donate to Duran's legal defense fund, including a QR code and a request from the Sergeants Benevolent Association to join the fight for justice. Roberts, representing Duprey's family, criticized this move as deeply troubling, stating it risks undermining public confidence in a fair legal process and deepens the family's grief.
