Charges Against Sgt Erik Duran: Trial, Sentence, and Appeal

Former NYPD Sergeant Erik Duran was charged with second-degree manslaughter, first-degree assault, second-degree assault, and criminally negligent homicide after throwing a picnic cooler at Eric Duprey, a 30-year-old man fleeing a Bronx narcotics operation on a motorized scooter in August 2023. A Bronx judge convicted him of second-degree manslaughter in February 2026 and sentenced him to three to nine years in prison that April. He was released on $300,000 bail about ten days into his sentence while he appeals.¹²

The Four Charges Against Duran

On January 23, 2024, Attorney General Letitia James announced that a Bronx grand jury had returned a four-count indictment against Duran: manslaughter in the second degree, assault in the first degree, assault in the second degree, and criminally negligent homicide. Duran was arraigned in Bronx County Supreme Court before Justice George Villegas.¹

The case was prosecuted by the Attorney General’s Office of Special Investigation rather than the Bronx District Attorney. Under Section 70-b of New York’s Executive Law, that office has mandatory jurisdiction over any death caused by a police or peace officer.³

What Happened on August 23, 2023

Members of the NYPD’s Narcotics Borough Bronx Tactical Response Unit were running a buy-and-bust operation on Aqueduct Avenue between West 190th and 192nd Streets in Fordham Manor. An undercover officer bought cocaine from Duprey, a delivery driver and father of three, who then tried to leave the area on a motorized scooter.⁴⁵

Duran, who was in plain clothes, grabbed a bystander’s picnic cooler filled with ice, water, and sodas and threw it at Duprey’s head as he rode down the sidewalk. Duprey lost control, hit a tree, and struck the pavement. He was pronounced dead at the scene from head injuries.⁶⁵

The Bench Trial and Conviction

Duran waived his right to a jury and was tried by Bronx Supreme Court Judge Guy Mitchell. Prosecutors argued he was angry that Duprey was getting away and had time to move bystanders instead of throwing the cooler. Duran testified in his own defense that the scooter was heading toward a group of officers and that he acted to protect them. “He was gonna crash into us,” he told the court. “All I had time for was to try again to stop or to try to get him to change directions.”⁵

On February 6, 2026, Judge Mitchell found Duran guilty of second-degree manslaughter, rejecting the justification defense. He found that “the defendant, Sgt. Duran, was upset that Mr. Duprey was getting away” and that officers “had enough to investigate and catch him on a different day.”⁷⁸ Duran was fired from the NYPD following the conviction.⁶

The Three to Nine Year Sentence

On April 9, 2026, Judge Mitchell sentenced Duran to three to nine years in state prison. He described the term as a “general deterrent” for other officers, while also calling Duran “extremely remorseful” and unlikely to reoffend. “The distinction is that the deceased will no longer be seen again by his family,” the judge said.⁸

Defense attorney Andrew Quinn had asked for no prison time, framing the death as the “unintended and tragic consequences” of a “reckless decision” made in about two and a half seconds and pointing to Duran’s 13 years on the force. Mitchell denied a stay of execution, and Duran was taken into custody the same day.⁵⁴

At the sentencing, Duprey’s mother, Gretchen Soto, told the court: “There are no words to express what I feel. He is not just a name, not just one more case. As a mother, I have to miss him now every day.” Duprey’s partner, Pearl Velez, rejected an apology Duran offered from the courtroom, asking, “How you gonna say sorry now?”⁷

The Appeal and Release on Bail

Duran served roughly ten days at Elmira Correctional Facility. On April 17, 2026, a judge of the New York Appellate Division, First Department, granted him bail set at $300,000 pending appeal, ruling that he should not be incarcerated while the appellate court considers his case. He was required to surrender his passport as a condition of release.²

His legal team, which includes Arthur Aidala, Andrew Quinn, and Barry Kamins, had four months from mid-April to file the appeal, which will be decided by a panel of five appellate judges.⁵ Aidala said the defense would argue that testimony and video evidence show Duran “was not reckless” and that Judge Mitchell reached the wrong verdict. “We will have a robust written appeal and a robust oral argument saying that under the circumstances Sgt. Duran did the right thing and the case should be thrown out,” he said, calling the bail decision “rare” and a sign the appellate court saw “legitimate issues” in the conviction.⁹

Union Support and the Islanders Fundraiser

The Sergeants Benevolent Association pushed publicly for leniency throughout the case. SBA president Vincent Vallelong called sentencing day “the darkest day of our profession” and said the prison term would make officers fear losing their freedom over split-second decisions. The union said thousands of officers signed an online petition against a prison sentence.⁵

In April 2026, during a New York Islanders home game against the Carolina Hurricanes, UBS Arena displayed a photo of Duran and a QR code for his legal defense fund on the scoreboard, and the team directed about 25 percent of its 50/50 raffle proceeds, from a pot of roughly $45,000, to the fund. Islanders co-owner Jon Ledecky was photographed with Vallelong holding a framed newspaper cover reading “Jailed for doing his job.” Jon Roberts, an attorney for the Duprey family, said the family was “deeply troubled” and that the promotion “sends a message, intended or not, that risks undermining public confidence in a fair legal process.” The team declined to comment.¹⁰¹¹

The Duprey family has also filed a separate civil lawsuit related to the 2023 death, which is distinct from the criminal case against Duran.¹²

1
New York Attorney General. Attorney General James Announces Indictment and Arraignment of NYPD Sergeant
2
CBS News New York. Erik Duran Bail Released From Prison in Eric Duprey Death
3
New York State Senate. Executive Law Section 70-B
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New York Attorney General. Attorney General James Announces Sentencing of Former NYPD Sergeant for Manslaughter
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NY1. Erik Duran, NYPD Officer in Cooler Throwing Death, Sentencing
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CNN. NYPD Erik Duran Sentencing
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WBAL-TV. Former NYPD Sergeant Sentenced in Eric Duprey Death
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New York Post. NYC Judge Claims Prison Sentence for Cooler Cop Will Serve as Deterrent
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New York Post. Ex-NYPD Cooler Cop Erik Duran to Be Freed on Bail as He Appeals Manslaughter Rap
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ESPN. Victim Family Angered by Islanders Fundraiser for Convicted Cop
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Newsday. Islanders UBS Arena NYPD
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50-a.org. Erik R. Duran Officer Record