A former accused of killing a fleeing suspect by throwing a picnic cooler packed with ice and drinks at him was sentenced Thursday by a judge to three to nine years in prison.Â
And critics said the sentence could hinder the future actions of officers in position to make split-second decisions.
Erik Duran, 38, was in the August 2023 death of 30-year-old Eric Duprey. Duran maintained he was trying to protect other officers from Duprey, who was on a motorized scooter when he crashed and died.
The is the first to be sentenced to prison for an on-duty death in at least two decades.
“I took this job to save lives. I felt terrible once I saw Eric Duprey crash,” Duran told Bronx Judge Guy Mitchell.
The judge argued would serve as a “general deterrent” to other officers from acting recklessly. He rejected Durans defense that his actions were justified, concluding that the former officer threw the cooler because he was upset that Duprey was fleeing.
“They had enough to investigate and catch him on a different day,” Mitchell said of the police. “The distinction is that the deceased will no longer be seen again by his family.”
Duran elected to have Mitchell, not a jury, decide the case. Durans union, the Sergeants Benevolent Association (SBA), said thousands of officers signed an online petition calling for him to be spared prison.
On Aug. 23, 2023, the officer was part of a “buy-and-bust” operation in which Duprey sold drugs to an undercover officer, authorities said. After the sale, Duprey fled on a scooter.
Duran said he was concerned because Duprey was riding the motorized scooter on a sidewalk toward a group of people. As Duprey approached, Duran, who was not in uniform, picked up a bystanders cooler and threw it.
The container struck Duprey, who lost control of the scooter before slamming into a tree and crashing onto the pavement. He died almost instantly, authorities said. Prosecutors with the office of Attorney General Letitia James said Duran had enough time to warn others to move out of the way.
“The defendant knew or should have known that throwing the cooler at Mr. Duprey would either harm him or cause a collision,” a prosecutor said in court. “The defendant was aware of these risks and disregarded them.”
James office demanded the judge of five to 15 years. During his time on the witness stand, Duran said he was forced to make a quick decision to keep other officers safe as the scooter sped toward them.
“He was gonna crash into us,” Duran said. “All I had time for was to try again to stop or to try to get him to change directions.”
After in February, Duran, a 13-year veteran of the force, was fired from the NYPD.Â
“I never wanted this to happen,” Duran told Dupreys family in Spanish as a court interpreter translated.
Duprey was a delivery driver and had three young children. His mother, Gretchen Soto, wept as Duran spoke.Â
“There are no words to express what I feel,” Soto said. After the sentencing, Soto and Dupreys partner, Pearl Velez, refused to accept Durans apology.
“How you gonna say sorry now?” Velez said.
During the sentencing, the courtroom was lined with police officers in support of Duran, while a few dozen protesters outside demanded justice for Duprey. Duran was immediately taken into custody after sentencing. His legal team said it will ask a court to free him on bail while he appeals.
SBA President Vincent Vallelong called Thursdays sentencing one of the “darkest days of our profession.” Moving forward, he said, law enforcement officers will continue to be vilified for making quick decisions.
“It wasnt only Sgt. Duran, a great cop, who was on trial,” Vallelong said. “Every law enforcement officer who makes a split-second decision in the performance of their duties to protect the public was also on trial.Â
“And this sentencing … has now sent a very chilling message
