This browser does not support the Video element.
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.
Judge Saliann Scarpulla, of the mid-level Appellate Division, ordered Erik Duran freed on $300,000 cash or bond and said he must surrender his passport to his lawyers, who will keep it until his appeal is over.
"This is a major win for Erik and his family and for law enforcement officers around the country," said Vincent Vallelong, the president of Duran’s union, the Sergeants Benevolent Association.
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.
A lawyer for Duprey’s family, Jon Roberts, said they were "deeply disappointed" by Scarpulla’s decision.
"While we respect the appellate process, this outcome reopens painful wounds for a family that has already endured an immense loss," Roberts said. "Our focus remains on seeking accountability and ensuring that the seriousness of what occurred is never diminished."
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.
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.