NEW YORK (AP) — A former New York City police sergeant has been granted bail as he appeals his manslaughter conviction for throwing a picnic cooler at a suspect, causing his death after a crash, a judge ruled on Friday.
This decision was made by a state appellate court judge, one week after Erik Duran was sentenced to three to nine years in prison for the 2023 incident that led to the death of 30-year-old Eric Duprey. Duran was immediately jailed following the sentencing.
Judge Saliann Scarpulla of the Appellate Division ordered Duran’s release on a $300,000 cash or bond bail, with the condition that he surrender his passport to his lawyers until the appeal concludes.
Vincent Vallelong, the president of Duran’s union, the Sergeants Benevolent Association, commented, “This is a major win for Erik and his family and for law enforcement officers around the country.”
Meanwhile, Jon Roberts, attorney for the Duprey family, expressed their disappointment with Scarpulla’s decision.
Roberts stated, “While we respect the appellate process, this outcome reopens painful wounds for a family that has already endured an immense loss. Our focus remains on seeking accountability and ensuring that the seriousness of what occurred is never diminished.”
Duran, a 38-year-old married father of three, became the first former NYPD officer in two decades to be sentenced to prison for an on-duty death. During his sentencing, his defense attorney, Andrew Quinn, remarked that Duran would always be known as “the cooler cop.”
Duran’s lawyer, Arthur Aidala, petitioned the Appellate Division after the sentencing judge, Guy Mitchell, denied bail. Duran had been held at the notorious Rikers Island jail complex.
Aidala noted that the ruling to release Duran suggests the Appellate Division recognizes “legitimate appellate issues in Sgt Duran’s case,” and he is considered “neither a flight risk nor a danger to the community.”
Duran was involved in a narcotics policing operation conducting a “buy-and-bust” in the Bronx on August 23, 2023. Police reported that Duprey sold drugs to an undercover officer and attempted to escape on a scooter.
At his trial in February, Duran testified that he threw the cooler at Duprey to protect fellow officers. The cooler hit Duprey, causing him to lose control of his scooter, crash into a tree, and fall onto the pavement. Duprey, who was not wearing a helmet, suffered fatal head injuries and died almost instantly, according to prosecutors.
The death of Duprey and Duran’s conviction have ignited activism, with some labeling him as the “cooler killer.” Pro-police advocates argue that imprisoning him sends a message that officers could lose their freedom for swift decisions made in the line of duty.
On Tuesday, the New York Islanders displayed a message on their Long Island arena’s video board, encouraging hockey fans to contribute to Duran’s legal defense fund. The message included a QR code and a call from the Sergeants Benevolent Association for fans to join “the fight for justice.”
Vallelong explained that the fundraiser originated after the New York Post informed him that the Islanders “wanted to do something” for Duran. The team also committed to directing 25% of the proceeds from a 50/50 raffle to support Duran, according to the union.
Roberts, representing the Duprey family, expressed concern over the Islanders’ decision to symbolically support Duran’s legal defense.
“This was not a neutral act,” Roberts said. “It sends a message — intended or not — that risks undermining public confidence in a fair legal process and deepens the pain of a family still grieving.”
