A New York City Police Department (NYPD) sergeant who fatally threw a plastic cooler at a scooter-riding suspect fleeing a drug bust was convicted of manslaughter Friday.
Sgt. Erik Duran, 38, was found guilty in the August 2023 death of Eric Duprey, who was speeding away from undercover police along a sidewalk in the Bronx after allegedly being busted for selling them $20 worth of cocaine, trial testimony revealed, the New York Post New York Attorney General Letitia James’ office, which has jurisdiction over police-involved deaths under a 2015 state law.
Surveillance video shows Duprey riding on a sidewalk toward a group of people who do not appear to be in uniform.
As he approaches, the video shows Duran picking up a red object — the cooler — and throwing it at the motorcyclist's head from close range. Duprey then loses control and is thrown toward a tree as the motorcycle veers into the street. The bike then smashes into a metal barricade before coming to rest against a parked car.
He was pronounced dead minutes after the crash, police said.
Duprey had fled as plainclothes narcotics unit officers tried to arrest him on suspicion of selling drugs in what’s known as a "buy-and-bust" operation, according to police.
"I never lost faith. I always was, you know … that justice is going to happen," Velez told reporters afterward.
Following the conviction, Sergeants Benevolent Association (SBA) President Vincent Vallelong issued a statement calling the verdict a "miscarriage of justice" and stating it sends a "terrible message" to officers who use force in defense.
"We vigorously maintain Sgt. Duran’s innocence," Vallelong said. "The verdict rendered by Judge Mitchell is clearly against the weight of the credible evidence.
"Verdicts such as this send a terrible message to hard-working cops: Should you use force to defend yourself, your fellow police officers or the citizens of the city? No matter how justified your actions, you risk criminal charges and conviction," Vallelong added.
According to the Post, Duran testified in his own defense, claiming he threw the cooler to protect fellow officers.
"I thought he was going to kill my guys," Duran said during the three-week trial.
Judge Mitchell rejected that argument, ruling Duran was not justified in using deadly force.
"After consideration of all evidence, the people proved beyond all reasonable doubt that this defendant was not justified," the judge said.
Duran joined the NYPD in 2010 and has been recognized by the department dozens of times for what it deems excellent and meritorious police service, according to a police personnel database. Duran's disciplinary record includes a substantiated complaint in 2022 for abusing his authority during a stop, according to the city's Civilian Complaint Review Board.
The Associated Press contributed to this report.