Erik Duran, ex-NYPD sergeant convicted of manslaughter, free on bail during appeal, lawyer says
Erik Duran, an ex-NYPD sergeant convicted of manslaughter, will be released from prison as he appeals his sentence. Duran was found guilty of recklessly throwing a cooler at a fleeing suspect, causing fatal injuries.
Duran, 28, secured bail and "he will remain free throughout his appeal," the president of the Sergeants Benevolent Association said Friday.
Duran's attorneys said they were "very pleased but not surprised that the Appellate Division found that there are legitimate appellate issues in Sgt. Duran's case."
"It was obvious to the Court that he is not a flight risk nor a danger to the community and was entitled to be at home with his family during dependency of the appeal," attorney Arthur Aidala said in a statement.
Ex-NYPD sergeant sentenced in bench trial
Duran is the first NYPD member in a decade to be found guilty of causing a civilian's death while on duty.
He was sentenced in April to three to nine years in prison for the death of Eric Duprey, who allegedly sold drugs to an undercover Bronx officer and tried to flee on a motorized scooter when being placed under arrest on Aug. 23, 2023.
Duran was found guilty of second-degree manslaughter by Bronx Supreme Court Judge Guy Mitchell in a bench trial; there was no jury.
"The Duprey family is deeply disappointed by the Appellate Division's decision to grant bail pending appeal. While we respect the appellate process, this outcome reopens painful wounds for a family that has already endured an immense loss," said Jonathan Roberts, the attorney for Duprey's family. "Our focus remains on seeking accountability and ensuring that the seriousness of what occurred is never diminished. We will continue to stand with the Duprey family as this case proceeds, and we remain confident that the judicial process will ultimately uphold justice."
The New York Islanders promoted Duran's defense fund on their jumbotron during their final game of the season on Tuesday. The team declined to comment on the video asking fans to join "the fight for justice" after it was criticized by Duprey's family.
Judge watched video of 2023 incident
Video of the deadly incident shows Duran hurling a picnic cooler at Duprey's head to get him to stop. The suspect then swerves and slides under a vehicle. He was pronounced dead from blunt force trauma to the head.
Prosecutors told the judge that Duran was trying to "save an arrest," not lives, and that Duprey was not an imminent threat. They argued it would have been more reasonable to yell "Look out!" or "Watch out!"
Duran testified Duprey was going to crash into officers if he was not stopped. Defense attorneys argued Duprey died because of a "series of bad choices," including selling drugs, driving an illegal motorbike and driving on the sidewalk.
