NYPD sergeant slapped with manslaughter charge after hurling water cooler at fleeing drug suspect, allegedly killing him
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Published Jan. 23, 2024
Updated Jan. 23, 2024, 6:06 p.m. ET
An NYPD sergeant was charged Tuesday with second-degree manslaughter in the August death of a scooter-riding drug suspect
who crashed after the cop threw a cooler at him.
Sgt. Erik Duran, 36, pleaded not guilty to that charge — which carries a potential maximum sentence of 25 years in prison — as well as assault in the first and second degrees and criminally negligent homicide for the death of Eric Duprey, 30, on Aug. 23, 2023, in The Bronx.
Duran was conducting a buy-and-bust operation on Aqueduct Avenue near West 190th Street around 5 p.m. in Kingsbridge Heights when Duprey took off on a motorized scooter, said New York Attorney General Letitia James’ office, which is handling the prosecution.
As Duprey made his escape, Duran grabbed someone’s cooler off a nearby table and threw it at the fleeing suspect, hitting him in the head and throwing him off balance, James’ office said in a statement.
Duprey sideswiped a tree before he was hurled from the scooter and banged his head on the curb, ultimately landing under a parked vehicle, the attorney general said.
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Sgt. Erik Duran was charged with manslaughter, assault and criminally negligent homicide, according to prosecutors.Gregory P. Mango
Surveillance video obtained by The Post showed the moment the white cooler struck Duprey, who was shown on his scooter, veering from the sidewalk into the street before tumbling from his ride as multiple bystanders surrounded him.
Duprey died there of “blunt force injuries of the head,” authorities said at the time.
Duran was suspended from the NYPD and later placed on modified duty following the incident, according to the AG.
He was released on a $150,000 bond — posted for him by prominent Big Apple bail bondsman Ira Judelson — following his arraignment in Bronx Criminal Court, where more than 100 cops turned out in support.
“This indictment sends a clear message to society and every law enforcement officer in the state,” John D’Alessandro, one of Duran’s lawyers, said in a statement after the hearing. “In today’s New York, the streets belong to the criminals.”
Duprey put “countless citizens and police officers in grave danger” when he hopped on the motorcycle as cops tried to arrest him, the attorney claimed.
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Eric Duprey (above) had sold crack cocaine to the sergeant before the deadly incident, police said.
Duprey’s family, including his widow, Orlyanis Velez, were also present in court but did not speak to reporters.
Walter “Hawk” Newsome, co-founder of the New York chapter of Black Lives Matter, gave a press conference after court, telling reporters that Duran “was no hero” and that “You do not hit people with coolers.”
“I was afraid because it took too long, but I’m happy to see that justice delayed is not justice deferred,” he said.
Asked about the charges against Duran during his weekly press briefing Tuesday, Mayor Eric Adams, a former NYPD captain, said that, “The AG is leading that investigation and she’s going to make the final determination on how to move forward.”
“That’s not a policy that we use of throwing a cooler,” he added.
The Sergeants’ Benevolent Association union blasted James for bringing the charges against Duran.
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A bondsman posted bail on Duran’s behalf and he was released ahead of his next appearance in April.Gregory P. Mango
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Duran leaving the courtroom in handcuffs after the arraignment.Gregory P. Mango
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A crowd of NYPD officers at Bronx Supreme Court during Duran’s arraignment.Gregory P. Mango
“The message that was sent today is pretty clear,” union president Vincent Vallelong said Tuesday. “The top law enforcement officer in New York State would rather prosecute members of law enforcement than career criminals.
SEE ALSO
Man fleeing drug bust on scooter dies when undercover NYPD cop throws cooler at him: sources
“For a system that is a revolving door for those tearing apart the fabric of society to aggressively seek $150,000 bail for an NYPD sergeant with an exemplary reputation is both appalling and reprehensible,” Vallelong said in a statement.
“Make no mistake,” he added. “The SBA will aggressively defend Sgt. Duran throughout this egregious judicial ordeal.”
Vallelong claimed Duprey dangerously drove 40 mph down the sidewalk, endangering pedestrians and children, and would have crashed into cops standing there had Duran not stopped him.
“Sgt. Duran made a split-second decision to prevent serious injury or death to those citizens and officers,” the union chief said.
Without Duran’s efforts, Duprey would have “caused serious injuries or death to numerous people,” according to the SBA.
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Duprey’s wife, Orlyanis Velez, leaving Bronx Supreme Court.Gregory P. Mango
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Duprey died of “blunt force injuries of the head,” authorities have said.Matthew McDermott
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Velez wore a shirt with her late husband’s picture on it.Gregory P. Mango
Duprey had at least two previous arrests, including an open felony assault case in the Bronx from June 2022 for allegedly throwing a two-liter bottle of soda through a driver’s window, police sources previously said.
Duran
faced death threats in the aftermath of the incident, and the NYPD was said to be installing cameras at the sergeant’s Putnam County home and stationing officers there in September, the sources said.
Another Duran attorney, Andrew Quinn,
previously told The Post the case is anything but open and shut.
“There is much more to this situation than the brief, 10-second video clip shows,” Quinn told The Post.
“What is indisputably clear is that the deceased, who was intent on evading arrest for selling drugs to an undercover officer, was speeding on a motorbike in an incredibly dangerous manner down a crowded sidewalk, jeopardizing the life and safety of everyone there.”
“Once a full and complete investigation is conducted, we are fully confident that Sgt. Duran will be exonerated of any misconduct or wrongdoing.”
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One law enforcement source told The Post that the NYPD Patrol Guide is “intentionally vague, but there’s no direct, ‘don’t throw stuff'”‘ directive.
“The public has increased its resistance to law enforcement, fueled by anti-cop sentiment from the City council and [the] governor,” another source said. “Lawlessness puts officers and the public at increased risk of physical injury and mental stress.”
Duran is due back before a judge on April 18.
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