NYPD sergeant faces manslaughter trial for throwing cooler at suspect
The trial of NYPD Sgt. Erik Duran got underway Wednesday in the Bronx.
Duran faces manslaughter charges in the death of 30-year-old Eric Duprey on Aug. 23, 2023.
Prosecutors say police were trying to arrest Duprey for a drug deal when he took off down the sidewalk on a motorcycle. Video shows Duran throwing a picnic cooler at Duprey's head, causing Duprey to swerve and slide under a vehicle.
Duprey died from blunt force trauma to the head. Duran has pleaded not guilty.
Prosecutors, defense give opening statements
Prosecutors say Duran's actions caused Duprey "to crash into the pavement, split his head open and die almost instantaneously."
In their opening statement, they accused Duran of trying to "save an arrest," not lives, as Duprey was fleeing. They claimed Duprey was not an imminent threat. Prosecutors said Duran used deadly force when he hurled the full cooler at Duprey, calling it "intentional," "reckless" and "negligent."
"He killed Mr. Duprey," prosecutors argued, adding, "The defendant chose violence."
The defense countered in their opening statement that Duprey was driving recklessly, going 30 mph on a sidewalk, heading toward others.
"If my client didn't act, we most likely would've buried two detectives and a civilian," the defense argued.
The defense argued "Eric Duprey died that day because he made a series of bad choices" by selling drugs, driving an illegal motorbike and driving on the sidewalk without a helmet.
They claim Duran didn't know if the cooler was full or not, saying he was just trying to stop a threat. They told the judge Duprey clipped a tree, fell and died.
The defense said officers improvise all the time.
"His thought was stop the threat," they argued. "My client used force to protect lives."
NYPD officer, Duprey's mother take stand
A former NYPD officer who responded that day after requests came in for assistance took the stand. He testified he stayed with the body for four hours as the scene was processed. Video captured by his body camera was played in court.
A responding EMT testified Duprey "had crushed injuries to the head," adding, "There was brain matter."
Duprey's mother also very briefly testified to confirm it was her son who died. Afterward, she told reporters in Spanish she misses her son and wants justice.
Before the court began, a group of people rallied, calling for the same.
"This is a person who committed a violent, heinous crime that led to the death of a father of three," said Chivona Newsome of Black Lives Matter Greater New York.
"If justice prevails in this case, he will be going to jail facing a maximum of 25 years of life. And that's what we're pushing for," Hawk Newsome said.
An attorney for Duran said they won't comment until after the trial, and it is yet to be decided if he'll testify. It is a bench trial, meaning there's no jury and a judge will decide the verdict.
If convicted, Duran could face up to 25 years in prison.