An NYPD narcotics sergeant has been convicted of second-degree manslaughter after throwing a cooler filled with drinks at a fleeing drug suspect, killing the man when he crashed his motorized scooter into a tree.
Sgt. Erik Duran, 38, faces up to 15 years in prison.
Judge Guy Mitchell delivered the verdict in Bronx criminal court following a bench trial.
The conviction makes Duran the first NYPD officer in years to be tried for killing someone while on duty.
He has already been dismissed from the department.
Sentencing is scheduled for March 19.
Authorities say the incident occurred on August 23, 2023, after 30-year-old Eric Duprey allegedly sold drugs to an undercover officer in the Bronx and fled on a motorized scooter.
Duran, who was part of the narcotics unit conducting the operation, grabbed a nearby red cooler packed with ice, water, and sodas, and threw it at Duprey as he rode away.
Duprey, who was not wearing a helmet, lost control of the scooter, crashed into a tree, landed on the pavement, and slid beneath a parked car.
Prosecutors said he sustained fatal head injuries and died almost instantly.
Security footage captured Duran grabbing and throwing the cooler.
Duran testified that he acted in a split second to protect himself and fellow officers from the approaching scooter.
“He was gonna crash into us. I didn’t have time,” he told the court.
“All I had time for was to try again to stop or to try to get him to change directions.
“That’s all I had the time to think of.”
He also said he immediately attempted to render aid after seeing Duprey’s injuries.
Judge Mitchell convicted Duran of second-degree manslaughter while dismissing the assault charge, finding prosecutors had not shown intent to harm.
The judge did not issue a verdict on the lesser charge of criminally negligent homicide after finding Duran guilty on the more serious count.
Mitchell stated from the bench:
“The fact that the defendant is a police officer has no bearing.
“He’s a person and will be treated as any other defendant.”
The Sergeants’ Benevolent Association (SBA) criticized the ruling, calling it a “miscarriage of justice.”
“The verdict rendered by Judge Mitchell is clearly against the weight of the credible evidence,” the SBA said in a statement.
“Verdicts such as this send a terrible message to hard-working cops: should you use force to defend yourself, your fellow police officers or the citizens of the City, no matter how justified your actions, you risk criminal charges and conviction.”
The case was prosecuted by the office of New York’s Democrat Attorney General Letitia James, who said after the verdict:
“Though it cannot return Eric to his loved ones, today’s decision gives justice to his memory.”
Duprey’s wife, Orlyanis Velez, spoke outside the courthouse following the ruling.
“I was waiting for justice just like everybody, but when the moment happens, you can’t believe it’s happening.
“It’s been a lot of time.
“These people been killing citizens, been killing everybody.
“They don’t give no reason.”
The NYPD confirmed Duran’s dismissal, citing New York State Public Officers Law.
The law provides that a public officer convicted of a felony automatically loses the position.
Duran is scheduled to be sentenced on March 19, when a judge will determine the length of any prison term within the 15-year maximum.
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