Ex-NYPD Sgt. Erik Duran released from prison while appealing manslaughter conviction

Erik Duran, an ex-New York City police sergeant convicted of manslaughter after he threw a cooler at a drug suspect who later died, was released from prison on bail Monday. 

Duran was released from the Elmira Correctional Facility, a maximum security state prison in Chemung County, the New York Department of Corrections confirmed. 

He had served 10 days in prison before his release on bail. A state appeals court judge on Friday granted Duran's bail, ruling he should not be imprisoned while appealing his conviction and 3-9 year prison sentence for the 2023 death of Eric Duprey in the Bronx. 

Duran released a statement thanking his family, attorneys and God. 

"I now look forward to seeing my family and fighting my appeal with the same determination I demonstrated throughout my career in the NYPD," his statement said in part. 

Bail bondsman Ira Judelson secured the bond for his release.    

"He's ecstatic"

Duran's bail was set at $300,000 in February when the judge in his bench trial found him guilty of second-degree manslaughter and later issued the sentence, which defense attorneys vowed to appeal at the time. 

He has since returned home to his wife and three children at their home in Putnam County. He was required to give up his passport while out on bail, but is not being monitored, his attorney says. 

"He's elated. He's ecstatic," said Vincent Vallelong, president of the Sergeants Benevolent Association. "He said it was a very long week." 

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."

"Erik Duran asked to go to church before he returned home to his overjoyed family. We are relived that Erik is home with his family where he belongs. After reviewing the trial transcripts it is clear to the objective eye this verdict and sentence are a clear miscarriage of justice. We have begun the process of preparing his appeal and are confident this injustice will be rectified," attorney Arthur Aidala said. 

"He wasn't a flight risk. As far as we were concerned, Erik was doing the job he was supposed to do. Unfortunately, there was a death that was involved," Vallelong said. "We have to make sure Erik does not go back to prison, and this is seen throughout." 

Vallelong says that will be an "uphill battle," as Duran will be tried in front of five appellate judges.

"How did this happen?" 

Jonathan Roberts, the attorney for Duprey's family, said in a statement the family was "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."

Hawk Newsome of Black Lives Matter of Greater New York said he spoke to Duprey's life partner. 

"She was in utter disbelief, like, how did this happen? How does someone get convicted of manslaughter, get sentenced to 3-9 years, and now back on the streets?" Newsome said. 

"Any incarcerated person will tell you applying for an appeal will take months and years," Chivona Newsome said. "We have to think about Kalief Browder, who sat on Rikers Island for three years and was never convicted. Erik Duran was a killer, and it's embarrassing that it's a miscarriage of justice." 

Duprey allegedly sold drugs to an undercover officer in the Bronx in August 2023 and tried to flee on a motorized scooter. Video shows Duran hurled a picnic cooler at Duprey's head, causing him to swerve and slide under a vehicle. Duprey was pronounced dead from blunt force trauma to the head. 

Duran testified he had to act because Duprey was going to crash into officers. Prosecutors said it would have been more reasonable for him to yell "Look out!" or "Watch out!"

In April, Judge Guy Mitchell said he "did not see any justification" in Duran throwing the cooler to protect himself and other officers.