NEW YORK (AP) 鈥� A former New York City police sergeant can stay out of jail while he appeals his manslaughter conviction for tossing a at a fleeing suspect who then crashed his motorized scooter and died, a judge ruled Friday.
The decision by a state appellate court judge came a week after a lower-court judge sentenced Erik Duran to three to nine years in prison and sent him to jail immediately in the 2023 death of 30-year-old Eric Duprey.
Judge Saliann Scarpulla, of the mid-level Appellate Division, ordered Duran freed on $300,000 cash or bond and said he must surrender his passport to his lawyers, who will keep it until his appeal is over.
鈥淭his is a major win for Erik and his family and for law enforcement officers around the country,鈥� said Vincent Vallelong, the president of Duran鈥檚 union, the Sergeants Benevolent Association.
A lawyer for Duprey鈥檚 family, Jon Roberts, said they were 鈥渄eeply disappointed鈥� by Scarpulla鈥檚 decision.
鈥淲hile we respect the appellate process, this outcome reopens painful wounds for a family that has already endured an immense loss,鈥� Roberts said. 鈥淥ur focus remains on seeking accountability and ensuring that the seriousness of what occurred is never diminished.鈥�
Duran, a 38-year-old married father of three, was the first former NYPD officer sentenced to prison for an on-duty death in at least two decades. At Duran鈥檚 sentencing, defense lawyer Andrew Quinn said he will forever be known as 鈥渢he cooler cop.鈥�
Duran lawyer Arthur Aidala asked the Appellate Division to intervene after the sentencing judge, Guy Mitchell, refused to grant the ex-sergeant bail. Duran spent the last week at the city鈥檚 notorious Rikers Island jail complex.
The ruling freeing Duran shows that the Appellate Division sees 鈥渓egitimate appellate issues in Sgt Duran鈥檚 case,鈥� and that is 鈥渉e is not a flight risk nor a danger to the community,鈥� Aidala said.
Duran was part of a narcotics policing unit that conducted a 鈥渂uy-and-bust鈥� operation in the Bronx on Aug. 23, 2023. Police said Duprey sold drugs to an undercover officer, then tried to flee on a scooter.
Testifying in his own defense at his trial in February, Duran said he was trying to protect other officers when he heaved the cooler full of ice and drinks at Duprey.
The container struck Duprey, who lost control of the scooter, slammed into a tree and crashed onto the pavement. Duprey was not wearing a helmet. He sustained and died almost instantly, according to prosecutors.
Duprey鈥檚 death and Duran鈥檚 conviction have galvanized activists, some of whom have labeled him the 鈥渃ooler killer,鈥� and pro-police forces, who say locking him up sends the message that officers can lose their freedom for split-second decisions.
On Tuesday, the New York Islanders showed a message on the video board at their Long Island arena encouraging hockey fans to donate to Duran鈥檚 legal defense fund. The message included a QR code and a message from the Sergeants Benevolent Association, requesting fans join 鈥渢he fight for justice.鈥�
Vallelong said the fundraiser came together after someone at the New York Post informed him that the Islanders 鈥渨anted to do something鈥� for Duran. The team also said it would direct 25% of proceeds from a 50/50 raffle to support Duran, the union said.
Roberts, the lawyer for Duprey鈥檚 family, said they were 鈥渄eeply troubled” by the Islanders鈥� decision to “align themselves, even symbolically, with efforts that appear to support Sgt. Duran鈥檚 legal defense.鈥�
鈥淭his was not a neutral act,鈥� Roberts said. 鈥淚t sends a message 鈥� intended or not 鈥� that risks undermining public confidence in a fair legal process and deepens the pain of a family still grieving.鈥�
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