NEW YORK (AP) — A former New York City police sergeant can keep out of jail whereas he appeals his manslaughter conviction for tossing a picnic cooler at a fleeing suspect who then crashed his motorized scooter and died, a choose dominated Friday.
The determination by a state appellate court docket choose got here per week after a lower-court choose sentenced Erik Duran to a few to 9 years in jail and despatched him to jail instantly within the 2023 loss of life of 30-year-old Eric Duprey.
Judge Saliann Scarpulla, of the mid-level Appellate Division, ordered Duran freed on $300,000 money or bond and mentioned he should give up his passport to his legal professionals, who will maintain it till his enchantment is over.
“This is a major win for Erik and his family and for law enforcement officers around the country,” mentioned Vincent Vallelong, the president of Duran’s union, the Sergeants Benevolent Association.
A lawyer for Duprey’s household, Jon Roberts, mentioned they have been “deeply disappointed” by Scarpulla’s determination.
“While we respect the appellate process, this outcome reopens painful wounds for a family that has already endured an immense loss,” Roberts mentioned. “Our focus remains on seeking accountability and ensuring that the seriousness of what occurred is never diminished.”
Duran, a 38-year-old married father of three, was the primary former NYPD officer sentenced to jail for an on-duty loss of life in at the least 20 years. At Duran’s sentencing, protection lawyer Andrew Quinn mentioned he’ll eternally be generally known as “the cooler cop.”
Duran lawyer Arthur Aidala requested the Appellate Division to intervene after the sentencing choose, Guy Mitchell, refused to grant the ex-sergeant bail. Duran spent the final week on the metropolis’s infamous Rikers Island jail advanced.
The ruling liberating Duran exhibits that the Appellate Division sees “legitimate appellate issues in Sgt Duran’s case,” and that’s “he is not a flight risk nor a danger to the community,” Aidala mentioned.
Duran was a part of a narcotics policing unit that performed a “buy-and-bust” operation within the Bronx on Aug. 23, 2023. Police mentioned Duprey bought medicine to an undercover officer, then tried to flee on a scooter.
Testifying in his personal protection at his trial in February, Duran mentioned he was attempting to guard different officers when he heaved the cooler stuffed with ice and drinks at Duprey.
The container struck Duprey, who misplaced management of the scooter, slammed right into a tree and crashed onto the pavement. Duprey was not sporting a helmet. He sustained deadly head accidents and died nearly immediately, in accordance with prosecutors.
Duprey’s loss of life and Duran’s conviction have galvanized activists, a few of whom have labeled him the “cooler killer,” and pro-police forces, who say locking him up sends the message that officers can lose their freedom for split-second selections.
On Tuesday, the New York Islanders confirmed a message on the video board at their Long Island enviornment encouraging hockey followers to donate to Duran’s authorized protection fund. The message included a QR code and a message from the Sergeants Benevolent Association, requesting followers be a part of “the fight for justice.”
Vallelong mentioned the fundraiser got here collectively after somebody on the New York Post knowledgeable him that the Islanders “wanted to do something” for Duran. The crew additionally mentioned it might direct 25% of proceeds from a 50/50 raffle to help Duran, the union mentioned.
Roberts, the lawyer for Duprey’s household, mentioned they have been “deeply troubled” by the Islanders’ determination to “align themselves, even symbolically, with efforts that appear to support Sgt. Duran’s legal defense.”
“This was not a neutral act,” Roberts mentioned. “It sends a message — intended or not — that risks undermining public confidence in a fair legal process and deepens the pain of a family still grieving.”