New York Attorney General (AG) Letitia James announced on Tuesday, Jan. 23, that manslaughter charges have been brought against NYPD Sgt. Erik Duran, 37, of Putnam County, following a police-involved operation, as reported, during which a water cooler was thrown at Bronx man, Eric Duprey, 30, in the Fordham Manor section of the Bronx last August, resulting in his death.
Duran has been charged with manslaughter in the second degree, assault in the first and second degrees, and criminally negligent homicide. The indictment alleges that on Aug. 23, 2023, Duran, an undercover member of the NYPD Narcotics Borough Bronx (NBBX) Tactical Response Unit, forcefully threw a cooler at Duprey as he was driving a motorized scooter, causing Duprey’s death. Announcing the charges, James wrote in part, “My prayers are with the Duprey family.”
In response to the latest announcement, the attorney acting on behalf of the Duprey family, Jonathan Roberts of the law firm Talkin, Muccigrosso & Roberts, said, “Seeing Sgt. Duran in handcuffs was little consolation for the family of Eric Duprey, who struggles to understand how a New York City police officer could behave so recklessly as to kill a young man who posed no threat whatsoever.”
Duran was suspended and later placed on modified duty following the incident, according to the AG’s office, which, as reported, opened an investigation into the incident the following day on Aug. 24.
Officials from the AG’s office said Duran was arraigned on Jan. 23 before State Supreme Court Justice George Villegas, who set bail at a $150,000 bond or partially secured bond, with a $150,000 cash alternative. Duran is due back in court on April 18. The maximum sentence on the top charge according to the AG’s office, is 25 years in prison.
As reported, the court heard that at around 5 p.m. on Aug. 23, members of the NBBX team arrived on Aqueduct Avenue between West 190th and 192nd Streets in Fordham Manor to conduct their fourth “buy-and-bust” operation, or undercover drug purchase, of the day.
During the operation, NBBX team members encountered Duprey and attempted to arrest him, at which point he got on a motorized scooter to flee. As Duprey rode the scooter toward West 190th Street, Duran grabbed a civilian’s cooler off of a nearby table and threw it at Duprey, striking him in the head and causing him to lose control of the scooter. Duprey then sideswiped a tree before he was thrown from the scooter and hit his head on the curb, landing under a parked vehicle. Duprey was pronounced dead at the scene.
Officials from the AG’s Office of Special Investigation (OSI) said that pursuant to New York Executive Law Section 70-b, the Office assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person by an act or omission.
Under this law, the officer may have been on-duty or off-duty, and the deceased person may have been armed or unarmed. Also, the deceased person may or may not have been in custody or incarcerated at the time of the incident. If OSI’s assessment indicates an officer may have caused a death, OSI proceeds to conduct a full investigation of the incident.
As previously reported, a protest was held at the site of the incident in Fordham Manor in September 2023, in response to the incident, and concluded at the 52nd Precinct in Norwood, even though Duran is not stationed there. There were no reported injuries, but police made one arrest.
Click here to read our previous story on the protest. A further protest by members of Black Lives Matter, also covered at the time by Norwood News, was also later held in Manhattan.
Duran became a police officer in 2010, was promoted to sergeant in 2018, and sergeant detective in 2022. According to his disciplinary record listed by the NYPD, there is one allegation recorded dated July 21, 2023. No further details are available in relation to the incident. According to the same police file, he has been recognized for “excellent police duty” at various stages over the course of his career. We’ve contacted the Civilian Complaints Review Board for more details about Duran’s disciplinary history but did not receive an immediate response.
In a previous statement following Duprey’s death, the NYPD said, in part, “The NYPD is committed to ensuring there will be a full, thorough, and transparent investigation of this incident to determine the facts and to take the appropriate steps forward.” We reached out to the department for further comment following the announcement of the charges.
An NYPD spokesperson responded, writing, “On Tuesday, January 23, 2024, at 0800 hours, the following off-duty New York City employee was arrested and charged within the confines of the 44 Precinct: Arrested: Duran, Erik, 36-year-old male, NYPD-Sergeant. Charges: Manslaughter, Criminally Negligent Homicide, Assault”
Meanwhile, Roberts previously said the deceased man was the father of three children all under the age of nine and that he believed Duprey to be a lifelong Bronxite. Roberts said of Duprey’s death, “Another young man gone too soon at the hands of a reckless police officer.”
He also described Duprey as “a loving partner,” adding that he was a “father and son who provided financial and emotional support to the family.” Roberts concluded, “Nothing can mitigate this family’s pain, but the individual who committed this heinous act must be held accountable.”
Roberts told Norwood News on Jan. 23, “When police officers, whose sole responsibility is to protect us become the greatest threat to safety and human life, we have to question where we are headed as a society.”
The charges against Duran are accusations at this point, and he is presumed innocent unless and until proven guilty.
Norwood News has reached out to various parties in efforts to connect with Duran’s legal team in order to ask how he has pleaded. We will share any updates we receive. The NY Post reported that Duran pleaded not guilty.