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A former New York City police officer, sentenced to three to nine years in prison for fatally throwing a cooler at a fleeing suspect, will be released from prison while he appeals his conviction.
Erik Duran was granted $300,000 bail by a state appeals court in a ruling on Friday, the New York Post reported.
“I am very pleased to announce that the SBA’s team of attorneys has secured bail for Erik Duran, and he will be released from prison and remain free throughout his appeal,” Sergeants Benevolent Association president Vincent Vallelong said in a statement.
“This is a major win for Erik and his family and for law enforcement officers around the country!” Vallelong added.
GUBERNATORIAL CANDIDATE VOWS TO PARDON COP CONVICTED OF MANSLAUGHTER IN DEATH OF FLEEING SUSPECT
Former New York City police sergeant Erik Duran is seated during his sentencing hearing at the Bronx County Hall of Justice on April 9, 2026, in New York. He was sentenced for throwing a picnic cooler full of drinks at a fleeing suspect, Eric Duprey, who then crashed his motorized scooter and died. (Michael R. Sisak/AP)
Duran’s attorney, Arthur Aidala, told Fox Digital that it was no surprise that their client was released.
“We are very pleased but not surprised that the Appellate Division found that there are legitimate appellate issues in Sgt Duran’s case,” Aidala said. “It was obvious to the Court that he is not a flight risk nor a danger to the community and was entitled to be at home with his family during pendency of the appeal.”
Duran, 38, a married father of three, was convicted of manslaughter in February for the August 2023 death of Eric Duprey. Duprey was attempting to flee arrest on a moped during an undercover drug sting in the Bronx when Duran chucked an Igloo cooler at him, causing him to crash onto the pavement.
Eric Duprey died in August 2023 when a an NYPD officer threw a cooler at him as he was fleeing a drug operation in the Bronx. (WNYW)
He died instantly.
Duran maintained he was trying to protect other officers from Duprey, who was operating the motorized bike on a sidewalk.
During sentencing, Bronx Judge Guy Mitchell said the punishment would serve as a “general deterrent” to other officers from acting recklessly.
He rejected Duran’s defense that his actions were justified, concluding that the former officer threw the cooler because he was upset that Duprey was fleeing.
NYPD Sgt. Erik Duran appears in court during his arraignment at the Bronx Hall of Justice on Jan. 23, 2024. Duran was indicted in connection with the Aug. 2023 death of Eric Duprey during an undercover drug operation. (Luiz C. Ribeiro/New York Daily News via Getty Images)
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“They had enough to investigate and catch him on a different day,” Mitchell said of the police. “The distinction is that the deceased will no longer be seen again by his family.”