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AG James Announces Manslaughter Charges against NYPD Sergeant in Fatal Water Cooler Throw

 

AN UNDATED FAMILY photo of Eric Duprey who died after he was hit by an ice cooler and knocked off his moped by NYPD Sgt. Erik Duran of NYPD Narcotics Borough Bronx (NBBX) during a police-involved operation on Wednesday, Aug. 23, 2023, at 2505 Aqueduct Avenue in Fordham Manor.
Photo courtesy of the family of Eric Duprey

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.

PROTESTORS BURN AN American flag during a protest outside the 52nd Precinct in Norwood on Friday, Sept. 1, 2023, following the death at the hands of NYPD Sgt. Erik Duran with Bronx Narcotics, of Bronx man Eric Duprey on Wednesday, Aug. 23, 2023, at 2505 Aqueduct Avenue in Fordham Manor during a police operation. 
Photo by David Greene

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.

A STILL FROM a video released by the Office of NY Attorney General shows Eric Duprey falling from a moped he was driving and crashing onto the street after he had a picnic cooler thrown at him by NYPD Sgt. Erik Duran at 2505 Aqueduct Avenue in Fordham Manor on Wednesday, Aug. 23, 2023, during a police operation.
Still of video courtesy of the Office of the NY AG

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.

A POLICE OFFICER warns protesters of nearby gas pumps as one of them, Joshua Lopez, 44, pours an accelerant on an American flag during a rally outside the 52nd Precinct in Norwood on Friday, Sept. 1, 2023.
Photo by David Greene

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.

ERIC DUPREY WAS killed while riding an electric bike when he was struck by a water cooler allegedly thrown by NYPD Sgt Erik Duran during a police-involved operation on Wednesday, Aug. 23, 2023, at 2505 Aqueduct Avenue in Fordham Manor. He is seen in this photo of a photo taken at a previous memorial event held in his honor.
Photo by David Greene

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.

AN EXPANDING MEMORIAL to Eric Duprey, who died after an encounter with police on Aug. 23, 2023, at 2505 Aqueduct Avenue in Fordham Manor, is seen at the site of the incident on Monday, Aug. 28, 2023.
Photo by Paulette Pryce

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.”

HAWK NEWSOME OF Black Lives Matter Greater NY and about 10 to 15 BLM members march down 42nd Street in Manhattan towards Lexington Avenue near Grand Central Station on Friday, Sept. 8, 2023, after they hold a brief press conference inside the station and call for New York Attorney General Letitia James to bring murder charges against NYPD Sgt. Erik Duran with Bronx Narcotics, after he threw a water cooler at Bronx man Eric Duprey during a police operation at 2505 Aqueduct Avenue in the Fordham Manor section of The Bronx on Aug 23, 2023, and the latter died. 
Photo by Síle Moloney

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.

 

 

Welcome to the Norwood News, a bi-weekly community newspaper that primarily serves the northwest Bronx communities of Norwood, Bedford Park, Fordham and University Heights. Through our Breaking Bronx blog, we focus on news and information for those neighborhoods, but aim to cover as much Bronx-related news as possible. Founded in 1988 by Mosholu Preservation Corporation, a not-for-profit affiliate of Montefiore Medical Center, the Norwood News began as a monthly and grew to a bi-weekly in 1994. In September 2003 the paper expanded to cover University Heights and now covers all the neighborhoods of Community District 7. The Norwood News exists to foster communication among citizens and organizations and to be a tool for neighborhood development efforts. The Norwood News runs the Bronx Youth Journalism Heard, a journalism training program for Bronx high school students. As you navigate this website, please let us know if you discover any glitches or if you have any suggestions. We’d love to hear from you. You can send e-mails to norwoodnews@norwoodnews.org or call us anytime (718) 324-4998.

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