Over 36 state lawmakers are urging Governor Kathy Hochul to pardon former NYPD Sergeant Erik Duran, who was convicted of manslaughter. The lawmakers criticize the conviction, calling it a “blatant miscarriage of justice.”
State Assemblyman Matt Slater, a Republican, sent a letter to Governor Hochul, signed by nearly 40 of his colleagues, appealing for clemency for Duran. Duran received a sentence of at least three years in prison after he threw a cooler at a fleeing drug suspect, resulting in a fatality.
Slater, representing Duran’s home in Putnam County, wrote, “In moments when law enforcement officers must make quick decisions to ensure community safety, it is crucial that they are treated fairly when acting in good faith.”
The letter, sent on Tuesday, claims Duran’s actions were meant to prevent immediate harm and argues that justice and fairness necessitate consideration of his case.
Duran, from the Bronx and a 13-year NYPD veteran, faced charges from the state Attorney General’s Office after throwing a full Igloo cooler at 30-year-old Eric Duprey during an undercover drug operation in August 2023.
According to authorities, Duprey was attempting to escape on a motorbike and fatally crashed. The letter noted, “Unfortunately, Mr. Duprey, who was not wearing a helmet, was killed.”
Although Duran claimed he acted to protect his fellow officers and others in the path of Duprey’s moped, Bronx Supreme Court Justice Guy Mitchell ruled the force unjustified, convicting Duran of second-degree manslaughter in a non-jury trial in February.
Slater’s letter states, “We believe this entire proceeding was a blatant miscarriage of justice.” It further asserts that Duran’s actions saved lives.
On April 9, Justice Mitchell sentenced Duran, a 38-year-old married father of two, to a prison term of 3 to 9 years, aiming for the sentence to serve as a “deterrent” to other officers.
Assembly Minority Leader Ed Ra of Franklin Square criticized this, saying, “A deterrent to what—doing their jobs? It’s absurd.” In his statement, he emphasized that Governor Hochul has the power to correct the situation and support law enforcement while holding criminals accountable. Granting Duran a pardon, he argued, would reinforce the importance of public safety.
After his conviction, Duran was dismissed from the NYPD and spent a week in jail before an appeals court released him on $300,000 bail as he contests the verdict.
The clemency letter was endorsed by 38 Republican assembly members after circulating within the GOP conference.
Governor Hochul’s office stated that Duran must apply for a pardon for his case to be reviewed. A spokesperson reiterated that all applications are reviewed impartially.
As of Thursday, Duran’s legal team had not applied for a pardon, according to a representative of the NYPD’s Sergeants Benevolent Association.
Arthur Aidala, one of Duran’s attorneys, informed The Post that their focus is on the appeal process but they are considering all options.
“Our primary focus is on submitting the appeal and correcting the wrong done to Sgt. Duran,” Aidala stated. “However, we are not excluding any possibilities and will continue to explore all avenues.”
Slater expressed concern that Duran’s case conveys a troubling message to law enforcement across New York.
He remarked, “I’ve heard from law enforcement officers about this, and we need to ensure they understand the dangerous situations they face are acknowledged.”
Slater, who began his assembly term in 2023, highlighted the broad support for Duran from lawmakers across the state, indicating widespread recognition of the perceived injustice.
“Representatives from every corner of the state acknowledge the injustice here,” he stated.
Slater criticized what he described as an activist judge sending a message to law enforcement, calling it “patently wrong.”
Nassau County Executive Bruce Blakeman, a Republican challenging Governor Hochul for her position this year, has pledged to pardon Duran if elected.
Duran expressed his determination to fight his appeal with the same resolve he showed throughout his NYPD career in a statement released by the SBA after his release on bail.
The union, alongside the National Police Defense Foundation, is working to gather funds to support Duran’s legal expenses.
