Attorney General James Announces Indictment and Arraignment of NYPD Sergeant on Manslaughter Charge

NEW YORK – New York Attorney General Letitia James today announced the indictment and arraignment of New York City Police Department (NYPD) Sergeant Erik Duran, 36, of Putnam County, on charges of Manslaughter in the Second Degree, Assault in the First and Second Degrees, and Criminally Negligent Homicide. The indictment alleges that on August 23, 2023, Sgt. Duran, an undercover member of the NYPD Narcotics Borough Bronx (NBBX) Tactical Response Unit, forcefully threw a cooler at Eric Duprey as he was driving a motorized scooter, causing Mr. Duprey’s death. Sgt. Duran was suspended and later placed on modified duty following the incident.

Sgt. Duran was arraigned today before State Supreme Court Justice George Villegas. Justice Villegas set bail at $150,000 bond or partially secured bond, with $150,000 cash alternative. Sgt. Duran is due back in court on April 18, 2024. The maximum sentence on the top charge is 25 years in prison. 

At approximately 5 p.m. on August 23, members of the NBBX team arrived on Aqueduct Avenue between West 190th and 192nd Streets in the Bronx to conduct their fourth “buy-and-bust” operation, or undercover drug purchase, of the day. During the operation, NBBX team members encountered Mr. Duprey and attempted to arrest him, at which point he got on a motorized scooter to flee. As Mr. Duprey rode the scooter toward West 190th Street, Sgt. Duran grabbed a civilian’s cooler off of a nearby table and threw it at Mr. Duprey, striking him in the head and causing him to lose control of the scooter. Mr. Duprey then sideswiped a tree before he was thrown from the scooter and hit his head on the curb, landing under a parked vehicle. Mr. Duprey was pronounced dead at the scene. 

Pursuant to New York Executive Law Section 70-b, the Office of the Attorney General’s (OAG) Office of Special Investigation (OSI) 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 the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. If OSI’s assessment indicates an officer may have caused the death, OSI proceeds to conduct a full investigation of the incident.

The charges against the defendant are accusations, and the defendant is presumed innocent unless and until proven guilty.