Activists condemn decision to release ex-NYPD sergeant on bail in 2023 cooler-throwing death
Duran was sentenced in the death of Eric Duprey, who was killed after Duran threw a cooler at him.
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A former NYPD sergeant convicted of killing a Bronx man by throwing a cooler at him will soon be released from prison on bail while he appeals his conviction.
Erik Duran, who was sentenced on April 8 to three to nine years in prison for manslaughter, is expected to be released as early as this weekend, according to his attorney.
"This is a major win for Erik and his family and for law enforcement officers around the country," Sergeants Benevolent Association president Vincent Vallelong wrote in a statement.
The conviction stems from an August 2023 incident in the Bronx, when prosecutors say Duran threw a cooler at 30-year-old Eric Duprey as Duprey rode away on a moped during what police described as an undercover drug operation gone wrong. Duprey later died from his injuries.'
Following a bench trial, Judge Guy Mitchell found Duran guilty and sentenced him on April 9.
Duran’s attorney, Arthur Aidala, said the defense is appealing the conviction, arguing the former officer did not act recklessly in the moment.
“In the 2.4 seconds that Duran had to analyze the scene, he did not act recklessly. He was not trying to hurt anybody,” Aidala said.
Aidala also argued Duran was attempting to protect civilians and fellow officers during the incident.
After spending about a week behind bars, Duran will now be released on bail as the appeals process moves forward — a process his attorney says could take up to nine months.
Support for Duran has drawn national attention. A fundraiser organized through the Sergeants Benevolent Association raised more than $300,000 for bail. The campaign was even promoted on the Jumbotron during a New York Islanders game.
Aidala said Duran is “hanging in there” and relieved to have what he called “a light at the end of the tunnel.”
The decision to grant bail has sparked backlash from Duprey’s family and community activists, who say they are frustrated and disappointed by the outcome.
In a statement, Black Lives Matter called the decision an “appalling miscarriage of justice,” arguing it prioritizes a convicted officer over the community and undermines the jury’s verdict.
The group also pointed to what it describes as a double standard in the legal system, noting that many people on Rikers Island remain behind bars without convictions, while Duran is now free as he appeals.
Advocates say they will continue pushing for accountability, adding that the ruling will not erase what they call a hard-fought victory for Duprey’s family.
