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Ex-NYPD Sergeant Sentenced to 3 to 9 Years for Fatal Cooler Throw

The ruling underscores a rare on-duty conviction that tests New York’s push for police accountability.

Overview

  • Justice Guy Mitchell sentenced Erik Duran on Thursday to three to nine years in prison and ordered him into custody after denying a one-week stay as his lawyer announced an appeal.
  • Prosecutors said surveillance video showed Duran throwing a bystander’s cooler at 30-year-old Eric Duprey as he fled on a motorized scooter in August 2023, causing a crash and fatal head injuries.
  • Duran was convicted of second-degree manslaughter in a February bench trial brought by the New York Attorney General’s office, and the NYPD dismissed him after the verdict as required by state law.
  • The judge said Duran acted with poor judgment, noted that suspects can be caught later, and said a prison term could deter similar conduct by officers.
  • Reaction split sharply as Black Lives Matter Greater New York urged the maximum 15-year term, while more than 11,000 officers signed a Sergeants Benevolent Association petition asking for no jail time.