Man on motorbike dies after NYPD officer throws picnic cooler at him, knocking him to the ground, New York AG says (Update: Cop Charged [Page 3])

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Manslaughter charge for NYPD sergeant in cooler toss that killed suspect​

NYPD Sgt. Erik Duran is pictured during his arraignment at the Bronx Hall of Justice Tuesday, Jan. 23, 2024. (Luiz C. Ribeiro for New York Daily News)

NYPD Sgt. Erik Duran is pictured during his arraignment at the Bronx Hall of Justice Tuesday, Jan. 23, 2024. (Luiz C. Ribeiro for New York Daily News)

By SHEETAL BANCHARIYA and GRAHAM RAYMAN | grayman@nydailynews.com | New York Daily News

PUBLISHED: January 23, 2024 at 9:51 a.m. | UPDATED: January 23, 2024 at 3:22 p.m.

An NYPD sergeant pleaded not guilty Tuesday in court to a manslaughter charges for causing the August death of a Bronx suspect on a scooter by tossing a cooler at him, causing him to crash.

Sgt. Erik Duran, 36, entered the plea during his arraignment in Supreme Court in the Bronx. The plea also covered criminally negligent homicide and assault charges which he is also facing for the death of Eric Duprey, 30, on Aug. 23 in Kingsbridge Heights.

Duprey, a deliveryman with three young children, was attempting to flee a drug arrest when he crashed.

Eric Duprey (pictured), a scooter-riding suspect fleeing a Bronx buy-and-bust drug sting, was killed on Wednesday, Aug. 23, 2023, when an NYPD sergeant grabbed a cooler from a nearby family get-together and hurled it at the man, knocking him to the ground, an eyewitness and police sources said. Bronx narcotics Sgt. Erik Duran was suspended from his job hours after the lethal encounter, police sources said. (Obtained by Daily News)

Obtained by Daily News

Eric Duprey (pictured), a scooter-riding suspect fleeing a Bronx buy-and-bust drug sting, was killed on Aug. 23. (Obtained by Daily News)

“In an effort to stop Mr. Duprey, the defendant grabbed a heavy cooler that was almost filled with drinks and ice. So heavy that he needed two hands to lift the cooler and stepped towards Mr. Duprey and threw the cooler forcefully at his head,” said Assistant Attorney General Jennifer Gashi said in court.

Duran “knew or should have known that (throwing) the cooler at Mr. Duprey would either harm him or distract him and ultimately cause a collision,” Gashi added. “(Duran) was aware of these risks and disregarded them in an act that best shows supreme recklessness and at worst an intentional act of violence.”

Andrew Quinn, Duran’s lawyer, countered his client is being “over-charged.” Duran, a 13-year veteran of the NYPD, acted to protect “children playing soccer” nearby and used the cooler because Duprey was about to crash into two cops as he fled, Quinn said.

“Eric Duprey is dead because of Eric Duprey’s actions,” Quinn said in court noting Duprey was a foot away when the sergeant used the cooler.

“Sgt. Duran was on the street arresting drug dealers. Eric Duprey is, unequivocally without question … a drug dealer. He drove at about 40 mph on a motorcycle on the sidewalk, basically placing lives of everybody on that street (in danger).”

Eric Duprey, a scooter-riding suspect fleeing a Bronx buy-and-bust drug sting, died Wednesday when an NYPD sergeant struck him with this red cooler. Duprey was fatally injured when he fell to the ground. Bronx narcotics Sgt. Erik Duran was suspended from his job hours later.

Eric Duprey, a scooter-riding suspect fleeing a Bronx buy-and-bust drug sting, died when an NYPD sergeant struck him with this red cooler. (Obtained by Daily News)

The prosecution is being handled by lawyers with the Office of Special Investigation under state Attorney General Letitia James. The agency is empowered to investigate deaths in law enforcement custody.

According to the Attorney General’s description of the events, members of a police narcotics team were conducting a buy-and-bust operation at Aqueduct Ave. between W. 190th St. and 192nd St. about 5 p.m. on Aug. 23.

The officers encountered Duprey and tried to arrest him, the account said. He fled on the motorized scooter toward 190th St. Duran allegedly grabbed a cooler off a nearby table and threw it at Duprey hitting him in the head.

Duprey lost control of the scooter, sideswiped a tree and was thrown from the scooter, the account said. He struck his head on the curb and landed under a parked vehicle. He died at the scene.

Pearl (no last name given) (C), wife of Eric Duprey, a scooter-riding suspect fleeing a Bronx buy-and-bust drug sting talks to members of the media after manslaughter arraignment of NYPD Sgt. Erik Duran for causing the Aug. death of her husband by tossing a cooler at him, causing him to crash. Sargent Duran was being arraigned on a grand jury indictment in the Bronx Hall of Justice Tuesday morning January 23, 2024. The prosecution is being handled by attorneys with state Attorney General Letitia Jamesxe2x80x99s office. (Luiz C. Ribeiro for NY Daily News)

Orlyanis Velez, the wife of Eric Duprey, talks to members of the press after the arraignment of NYPD Sgt. Erik Duran Tuesday in the Bronx. (Luiz C. Ribeiro for NY Daily News)

The city Medical Examiner ruled Duprey died of blunt trauma and classified the case as a homicide.

Duran was suspended by the NYPD almost immediately and both Mayor Adams and NYPD Commissioner Edward Caban criticized his use of the cooler.

After his not guilty plea, Judge George Villegas set Duran’s bail at $150,000. The sergeant, who remains on suspension, faces up to 25 years in prison. He is due back in court on April 18. Villegas said he did not believe Duran would flee but set the bail because of the “seriousness” of the charges.

More than 100 NYPD officers packed the courtroom in support of Duran. Many of them sighed heavily when Villegas set bail.

Hundreds of NYPD officers fill the corridor outside the courtroom where NYPD Sgt. Erik Duran was being charged with manslaughter during his arraignment. (Luiz C. Ribeiro for New York Daily News)

More than a hundred NYPD officers fill the corridor outside the courtroom where NYPD Sgt. Erik Duran was being charged with manslaughter during his arraignment Tuesday. (Luiz C. Ribeiro for New York Daily News)

Eric Duprey’s wife Orlyanis Velez along with family and friends also witnessed the arraignment, along with members of the Black Lives Matter Greater New York chapter were also present.

Prior to the hearing, there was some tension between the groups. One member of Duprey’s supporters hissed “Goons!” at the officers in the hallway outside the courtroom.
 
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