NYPD sergeant guilty of manslaughter for throwing cooler that killed man during botched arrest

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Sat, February 7, 2026 at 2:03 AM UTC

3 min read

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An NYPD sergeant was found guilty of manslaughter for throwing a cooler that killed a man during a botched arrest in the Bronx in 2023.

A judge found Erik Duran, 38, guilty of manslaughter and not guilty of criminally negligent homicide on Friday.

The NYPD sergeant was accused of throwing a cooler at a fleeing suspect in the Bronx.

The suspect, 30-year-old Eric Duprey, then crashed his scooter and died.

"3 years waiting for justice. I never lost faith," Orlyanis Velez, Duprey's wife said.

Duran was indicted on manslaughter charges in Duprey's Aug. 2023 death. Duprey was a delivery worker suspected of drug dealing.

Defense attorneys say Duran made the decision, "To save his own life and the life of others."

Before embarking into their closing, prosecutors from the state attorney general's office brought out the red Igloo itself and placed it on the table, calling the decision to throw it was "unreasonable and unnecessary," telling the court "you recoil because that is so inconsistent with the standard of care."

Their case included a mix of body-worn camera video and surveillance videos they say show Duran "angry and frustrated" because his team was "losing control of the operation and Eric Duprey is getting away because they arrested the wrong guy."

The case has been a lightning rod for activists and their calls for justice are still growing louder.

"The American judicial system needs to send a message that lawfully enforcement actions cannot go unchecked," said activist Hawk Newsome. "Just like ICE killed a woman in her car. Just like ICE shot a peaceful protester point blank range. Just like this man who was on trial upstairs, picked up a cooler and crashed it into someone's head. We as Americans have to draw a line in the sand."

The Sergeants Benevolent Association President Vincent Vallelong released a statement after the verdict saying, "Today's verdict was a miscarriage of justice. We vigorously maintain Sergeant Duran's innocence. The verdict rendered by Judge Mitchell is clearly against the weight of the credible evidence. 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. Our attorneys are reviewing all our legal options. We are confident Judge Mitchell's verdict will be overturned."

Duran who pleaded not guilty to both charges, now faces a maximum sentence of five to 15 years in prison for the second-degree manslaughter charge.

The criminally negligent homicide charge would have carried 1-1/3 to four years in prison if he was found guilty.

"We set a precedent today. Today, the justice prevails in New York. There's a new gay marriage. That's right. It's a new day. That's right. You just can't pick up a cooler and smash us into the hay," Newsome said.

Wearing a necklace with her son's picture, Duprey's mother addressed the media.

"He was my everything. I'm glad justice was served," Gretchen Soto said.

Duran walked out of the court seemingly somber as cheers continued outside.

Duprey's wife said she is glad for some closure but she admits she hoped for a stiffer penalty.

"For life. nobody has the right to take the life of someone like that," Velez said.

Sentencing will be held on March 19.

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