Ex-NYPD sergeant sentenced in cooler death case granted bail pending appeal: attorney
Ex-NYPD officer granted bail after cooler throw manslaughter conviction
A former NYPD officer convicted of manslaughter in the 2023 death of Eric Duprey has been granted bail pending appeal. Prosecutors say the officer threw a cooler at Duprey as he tried to flee on a moped, causing a crash that killed him. The officer could be released as early as tonight or tomorrow.
NEW YORK CITY - The former New York City police sergeant 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, has been granted bail, pending appeal. That's according to attorney Arthur Aidala, meaning Erik Duran could get out as soon as Friday night.
The ex-officer 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.
Dig deeper:
Earlier this week, the New York Islanders faced questions about a jumbotron promotion urging hockey fans to donate. The fundraiser – shown on the scoreboard during Tuesday’s home game against the Carolina Hurricanes – featured a photo of Duran. It included a QR code for direct donations to Duran’s legal defense, along with a message from his union, the Sergeants Benevolent Association, requesting fans join "the fight for justice." The team also said it would direct a quarter of proceeds from a 50/50 raffle toward the cause, the union said.
The union’s president, Vincent Vallelong, said the fundraiser came together after someone at The New York Post informed him that the Islanders "wanted to do something" for Duran.
What they're saying:
An attorney for Duprey’s family, Jon Roberts, said they were "deeply troubled by the decision of the New York Islanders to align themselves, even symbolically, with efforts that appear to support Sgt. Duran’s legal defense."
"This was not a neutral act," Roberts’ statement continued. "It sends a message — intended or not — that risks undermining public confidence in a fair legal process and deepens the pain of a family still grieving."
The backstory:
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.
"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.
