Former NYPD sergeant sentenced to 3 to 9 years in prison in cooler death case

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Former NYPD cop gets 3-9 years in prison in cooler death case

A former New York City police sergeant was sentenced to three to nine years in prison for tossing a picnic cooler full of drinks at a fleeing suspect, who then crashed his motorized scooter and died. FOX 5 NY's Antwan Lewis has the latest details.

A former New York City police sergeant was sentenced on Thursday to three to nine years in prison for tossing a picnic cooler full of drinks at a fleeing suspect, who then crashed his motorized scooter and died.

The ex-officer, Erik Duran, was convicted of manslaughter in the 2023 death of Eric Duprey. The former sergeant said he was trying to protect other officers from the approaching scooter.

What we know:

The case drew international attention, with thousands of law enforcement officers urging the judge to show leniency. More than 11,000 officers from around the world signed a petition asking that Duran not be sentenced to prison.

Prosecutors said the incident occurred in August 2023, when Dupree fled from a Bronx drug bust on a scooter. Duran, who was working undercover at the time, threw a cooler filled with ice and drinks at Dupree, striking him in the head.

Surveillance video showed Dupree losing control of the scooter, crashing into a parked car and falling to the ground. He later died from head injuries, according to prosecutors.

Duran was convicted in February following a four-week trial. During testimony, he said he had only seconds to act and was trying to prevent others nearby from being struck by the scooter.

Defense attorneys argued his actions were justified, saying the cooler was the only object available to stop Dupree.

NYPD officer throws cooler at drug suspect on scooter, causing deadly crash

The New York Attorney General's Office is investigating after a scooter-riding drug suspect was killed when a NYPD officer hurled a picnic cooler at him from close range, causing a deadly crash.

"He used the only object he had available to him to try to stop, and that was a cooler," one attorney said during earlier proceedings. "It’s a matter of whether or not Sergeant Duran was justified in his actions. Unequivocally, he was."

Prosecutors countered that Duran should have known his actions could cause serious harm.

"The defendant knew or should have known that throwing the cooler at Mr. Dupree would either harm him or cause a collision," a prosecutor said in court. "The defendant was aware of these risks and disregarded them."

Leaders of the Sergeants Benevolent Association also voiced support for Duran, arguing that punishing him could send a chilling message to officers making split-second decisions in dangerous situations.

What they're saying:

In a statement, Vincent Vallelong, president of the Sergeants Benevolent Association of the NYPD, said: 

"Today will be forever remembered as one of the darkest days in the history of our profession. It wasn't only Sgt Duran, a great cop, who was on trial. Every law enforcement officer who makes a split second decision in the performance of their duties to protect the public, was also on trial. And this sentencing, which has now sent a very chilling message to every cop in the nation- that the system that we have sworn to uphold can single handedly destroy your career and your life for doing exactly what you are trained to do. Moving forward, the SBA will do all that we can to support Sgt Duran and his family throughout his appeal and we will not stop until justice is served."

New York CityCrime and Public Safety