An NYPD sergeant has been indicted by the state attorney general in the August death of Eric Duprey, a Bronx man knocked off a scooter after the officer hurled a cooler at him. Duprey's death was ruled a homicide.
Sergeant Erik Duran surrendered to authorities Tuesday ahead of his arraignment on manslaughter, assault and criminally negligent homicide charges, where he pleaded not guilty.
Duran had been under investigation - and was suspended without pay -- for months. New York Attorney General Letitia James' office is required to look into all civilian deaths at the hands of police in the state.
Get Tri-state area news and weather forecasts to your inbox. Sign up for NBC New York newsletters.
Duprey, 30, was caught selling narcotics to an undercover officer in University Heights in late August, authorities have said. He tried to flee on his scooter, zigzagging down the street and then on the sidewalk, senior police officials said.
Surveillance video shows the final moments of that chase, when the sergeant in plainclothes grabs a red cooler and throws it at Duprey, knocking the man off his motorized ride. He had been riding at a speed of around 40 mph and hit his head on the curb, landing under a parked vehicle. Duprey was pronounced dead at the scene.
The medical examiner determined Duprey died of blunt force trauma to his head.
Local
Duprey's wife, Orlyalis Velez, said after her husband's death that the sergeant should be behind bars for his role.
"This is abuse, power abuse," Velez told News 4 this past summer. "There was no reason to kill him. He don't got no gun. He got nothing on him."
"I don't want [Duran] suspended, I want him in jail," she added. "He's still home, he still sees his family."
The family said Tuesday through their attorney they were pleased with the developments.
"The family is encouraged that this is the first step at holding this officer accountable for this senseless killing," the lawyer said.
Law enforcement sources said Duprey had two prior arrests for felony assault and drugs. His wife said Duprey was a caring father and should still be alive.
Duran, a 13-year veteran of the department, joined the Bronx Narcotics Unit in September 2022. He has been recognized by the department dozens of times for what it deems excellent and meritorious police service, according to a police personnel database.
Duran's disciplinary record includes a substantiated complaint last year for abusing his authority during a stop, according to the city's Civilian Complaint Review Board.
Bail was set at $150,000 cash. Duran's attorney said the officer was justified in throwing the cooler.
He faces up to 25 years in prison if convicted of the top charge in the indictment.
The Sergeants' Benevolent Association blasted James' office in a statement.
"The message that was sent today is pretty clear. The top law enforcement office in New York State would rather prosecute members of law enforcement than career criminals," it said. "As a result, we have emboldened criminal activity across our communities. For a system that is a revolving door for those tearing apart the fabric of society to aggressively seek 150k bail for an NYPD Sergeant with an exemplary reputation is both appalling and reprehensible. Make no mistake, the SBA will aggressively defend Sgt Duran throughout this egregious judicial ordeal."
Black Lives Matter condemned the sergeants' union.
"We are not surprised because we have seen the same union refer to the Black and Brown New Yorkers as savages and animals," the group said in a statement. "We’ve also seen them attack another Black Woman Prosecutor personally with disrespectful ads."
