Watch CBS News

NYPD Sgt. Erik Duran, caught on video throwing cooler at suspect, faces emotional family in court

NYPD Sgt. Erik Duran, caught on video throwing cooler at suspect, faces family in court
NYPD Sgt. Erik Duran, caught on video throwing cooler at suspect, faces family in court 02:08

NEW YORK -- An NYPD sergeant accused of throwing a cooler and killing a man last summer in the Bronx was back in court Tuesday. 

Erik Duran, who faces manslaughter and other charges in the August 2023 death of Eric Duprey, was surrounded by more than a dozen fellow officers as he appeared before a judge.

The New York Attorney General's Office, which is handling the case, said it's still waiting to receive discovery from the defense, and the next court date is set for July 30.  

Duprey's family held a news conference ahead of the hearing, along with Black Lives Matter Greater New York and other supporters.  

"Today, we say 'No more.' This case is to hold the police accountable," said Chivona Newsome, with Black Lives Matter Greater New York. "Letitia James has filed the appropriate charges. We need to restore justice. We need to bring peace to Eric's three children. We need his mother to be able to rest at night."

"I'm shaking right now at the fact that we have to sit in another court and fight for another young man to get justice," said Tanesha Grant, founder of Parents Supporting Parents New York. "Even if they convict this police officer, Eric Duprey's family will never be the same. His kids will never be the same."

Tense moments after the court appearance

Following the hearing, Duprey's sister was seen dropping to her knees in tears after she and her family came face to face with the man accused of killing her brother.

"You're supposed to be protecting people, not killing people," one person said.

As the family and supporters were leaving the courtroom, chaos broke out. CBS New York exclusively obtained video of Black Lives Matter Greater New York founder Hawk Newsome getting arrested by police after he says he was trying to console the family. He received three summons for disorderly conduct. CBS New York reached out to the court system about the arrest, but hasn't heard back.

"I'm not going to sit here and try and not say I wasn't vocal. Yes, I was vocal. I care a lot. A man was smashed in the head with a cooler and killed," Hawk Newsome said.

Cooler assault caught on video

Surveillance videos from Aug. 23 captured the chaotic scene in Kingsbridge Heights.

The attorney general said Duran was working an an undercover officer with the NYPD Narcotics Unit. 

Police were trying to arrest Duprey for a drug deal when he fled on a motorbike down the sidewalk, the AG's office said.

Video shows Duran throw a picnic cooler at Duprey's head, causing him to swerve and slide under a vehicle. He was pronounced dead at the scene, and his cause of death was determined to be blunt force injuries to his head.

Duran was suspended without pay after the incident, and pleaded not guilty in January. If convicted, he faces up to 25 years.

Duprey's loved ones speak out

In the days after his death, family and community members paid tribute to the 30-year-old father.

"He was a nice person. He was the best father in the world," said Orlyanis Velez, the mother of Duprey's two children.

Velez told CBS New York she wants to see Duran in jail. 

"He's suspended, but he's still home. He still see his family. He still see his kids. My kids don't see his father," she said. "I don't want him outside. I want him in jail."

Durprey's brother, Ryan, said witnesses heard Duran say it was an accident.

"I just want justice for my brother. I want the cop to pay for what he did," the brother said. "He didn't even identify himself when he tried to do that, didn't show his badge, nothing. He just did what he did and left."

At Duran's arraignment, his defense attorneys argued Duprey was responsible for his own death, but prosecutors said the sergeant should have known better. 

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.