A former New York City police sergeant convicted of manslaughter will remain free while challenging his conviction in the death of a man who crashed his scooter after being struck by a thrown picnic cooler, an appeals court judge decided Friday.
Judge Saliann Scarpulla of the state’s Appellate Division granted the release of Erik Duran one week after he received a sentence of three to nine years behind bars for the 2023 death of 30-year-old Eric Duprey. The lower court had immediately jailed Duran following his sentencing.
Scarpulla set Duran’s release conditions at $300,000 in cash or bond and required him to give up his passport to his attorneys, who must hold it throughout the appeals process.
Vincent Vallelong, president of the Sergeants Benevolent Association representing Duran, called the decision “This is a major win for Erik and his family and for law enforcement officers around the country.”
However, Jon Roberts, representing Duprey’s family, expressed disappointment with the ruling, stating they were “deeply disappointed” by Scarpulla’s decision.
“While we respect the appellate process, this outcome reopens painful wounds for a family that has already endured an immense loss,” Roberts said. “Our focus remains on seeking accountability and ensuring that the seriousness of what occurred is never diminished.”
The 38-year-old Duran, who is married with three children, became the first former NYPD officer in at least twenty years to receive a prison sentence for a death that occurred while on duty. During sentencing proceedings, defense attorney Andrew Quinn noted that Duran will forever be remembered as “the cooler cop.”
Defense lawyer Arthur Aidala petitioned the Appellate Division after Judge Guy Mitchell denied bail following sentencing. Duran had been held at New York City’s Rikers Island jail complex for the past week.
According to Aidala, the appellate court’s decision to free Duran indicates the panel recognizes “legitimate appellate issues in Sgt Duran’s case” and confirms “he is not a flight risk nor a danger to the community.”
The incident occurred during a drug enforcement operation on August 23, 2023, when Duran was working with a narcotics unit conducting a “buy-and-bust” operation in the Bronx. According to police reports, Duprey had sold drugs to an undercover officer before attempting to escape on his scooter.
During his February trial testimony, Duran claimed he threw the ice-filled cooler at Duprey to protect fellow officers from harm.
The cooler hit Duprey, causing him to lose control of his scooter and collide with a tree before hitting the ground. Without wearing protective headgear, Duprey suffered fatal head trauma and died almost immediately, prosecutors stated.
The case has sparked intense debate between police reform advocates, who have dubbed Duran the “cooler killer,” and law enforcement supporters who argue that imprisoning him discourages officers from making necessary quick decisions in dangerous situations.
This week, the New York Islanders hockey team displayed a message on their arena’s video board encouraging fans to contribute to Duran’s legal defense fund. The display featured a QR code and messaging from the Sergeants Benevolent Association asking supporters to join “the fight for justice.”
Vallelong explained that the fundraising effort developed after a New York Post contact informed him the Islanders “wanted to do something” for Duran. The team also committed to donating 25% of their 50/50 raffle earnings to support Duran, the union reported.
Roberts criticized the Islanders’ involvement, saying the family was “deeply troubled” by the team’s decision to “align themselves, even symbolically, with efforts that appear to support Sgt. 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.”
