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The fate of an NYPD sergeant charged with manslaughter for fatally throwing a cooler at a fleeing suspect now rests with a judge after closing arguments concluded Tuesday in a Bronx courtroom.
Sergeant Erik Duran, 38, faces up to 25 years in prison if convicted on manslaughter charges stemming from an August 2023 incident that resulted in the death of Eric Duprey, a 30-year-old father of three.
According to prosecutors, Duprey had just sold drugs to an undercover officer when he attempted to flee on a motorized scooter. Sergeant Duran responded by throwing a plastic cooler filled with ice, water, and sodas at Duprey, causing him to lose control of his scooter and crash into a tree.
Duprey, who wasn't wearing a helmet, suffered fatal head injuries and died almost instantaneously, according to medical evidence presented during the trial.
Taking the stand in his own defense on Monday, Duran testified that his actions were meant to protect fellow officers, not to injure Duprey.
"He was gonna crash into us," Duran told the court. "I mean, I didn't have time. All I had time for was to try again to stop or to try to get him to change directions. That's all I had the time to think of."
Prosecutors from the state attorney general's office, which investigates civilian deaths during encounters with law enforcement, challenged this account during cross-examination. They suggested Duran had sufficient time to warn his colleagues rather than grab the cooler.
Joseph Bianco, one of the prosecutors, noted that what the officer "did have time to do is to take two steps forward down that sidewalk" and pick up the cooler.
In addition to the manslaughter charge, Duran faces counts of criminally negligent homicide and assault in the nonjury trial.
Defense attorneys have maintained throughout the proceedings that Duprey posed an immediate threat to officers at the scene, and that Duran's actions potentially saved multiple lives.
The judge is expected to deliver a verdict in the coming days.
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