New York Attorney General Letitia James announced the conviction on Friday, Feb. 6, of NYPD Sergeant Erik Duran, 38, of Putnam County, on the charge of manslaughter in the second degree in relation to the death of Eric Duprey, 30, amid a drug sting operation in the Fordham Manor section of the Bronx in the summer of 2023.

 

As reported, according to the NYPD and prosecutors with the Office of the Attorney General’s Office of Special Investigation, on Aug. 23, 2023 Duran, working undercover as part of an NYPD’s buy-and-bust drug operation or Narcotics Borough Bronx (NBBX) Tactical Response Unit, threw a picnic cooler at Duprey at 2505 Aqueduct Avenue in Fordham Manor, as Duprey was trying to escape the sting on a scooter, knocking him to the ground. He incurred head and other injuries and died.

 

In January 2024, as reported, James announced manslaughter charges were being brought against Duran in the context of the fatal water cooler throw, having opened the investigation into the case in September 2023.

 

A video, also released in September 2023 by the AG’s office, as reported, shows Duprey falling from his vehicle after he was struck with the cooler and crashing onto the street. In a 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.”

Duran was found guilty in a bench trial (meaning no jury) before Judge Guy Mitchell at Bronx Criminal Court, and is due back in court for sentencing on March. Manslaughter in the second degree carries a maximum sentence of 5 to 15 years in prison. Mitchell set bail at $300,000 bond or $500,000 partially secured bond.

 

“I offer my sincerest condolences to the family and friends of Eric Duprey,” said James following the conviction. “Though it cannot return Eric to his loved ones, today’s decision gives justice to his memory.”

 

In a statement released through the family’s attorney, Jonathan Roberts, Talkin, Muccigrosso & Roberts, LLP, Duprey’s family said, “A police officer used deadly force where none was warranted, and today the court held him responsible for that choice. This verdict sends a critical message that police officers are not above the law, and the family will continue pursuing their civil case to secure full accountability.”

 

At 2 p.m. on Friday, Hawk and Chivona Newsome, cofounders of Black Lives Matter, alongside the family of Eric Duprey, gathered at the Bronx Hall of Justice to address the closing stages of the trial, having previously called for justice once again for Duprey during a rally on Jan. 8 outside Bronx Criminal Court ahead of the beginning of the trail and vowing to attend court each day.

They said Duprey’s family was calling for a verdict of reckless and unreasonable conduct, asserting that the evidence presented in court left the judge with no other legal or moral choice.

 

“The defense’s logic in this case is not just flawed—it’s a threat to every New Yorker,” Hawk Newsome said. “If we allow the ‘Cooler Killer’ to justify throwing a heavy projectile at a person on a scooter under the guise of ‘protecting people behind him,’ we are opening a door that cannot be closed. By that logic, every New Yorker now has a license to kill any scooter driver they feel is coming toward them too fast. We cannot have one set of rules for the police and another for the people.”

 

He continued, “Furthermore, the testimony has been riddled with contradictions. One officer claimed they didn’t see the scooter, yet video and testimony show that same officer pointed directly at Eric as he approached. This wasn’t a split-second mistake; it was the result of a frustrated, failing operation. Officers were yelling that things were going wrong, and they even arrested the wrong person initially. Sgt. Duran didn’t act out of necessity; he acted out of reckless frustration.”

 

For her part, Chivona Newsome said, “The sergeant claimed there was no space for the scooter to pass, but the physical evidence proves otherwise. Even after he recklessly threw that cooler, the scooter passed him and the other officers without making any contact. He had plenty of room. He stated himself that he could have moved out of the way—just as the other officer who claimed not to be looking managed to do. Eric Duprey should be alive today. The judge must find these actions for what they were: reckless, unreasonable, and criminal.”

Black Lives Matter and attorneys and advocates for the mother of Eric Duprey, killed during a police-involved incident on Wednesday, Aug. 23, 2023, at 2505 Aqueduct Avenue in the Fordham Manor section of the Bronx, hold a press conference outside Bronx Criminal Court on Jan. 14, 2026, on the first day of the trial for Sgt. Erik Duran, the NYPD member on trial in relation to Duprey’s death. Video by Norwood News 

After the verdict, Hawk Newsome said, “Today, a court finally said out loud what the community has known since day one: Eric Duprey’s death was not a “freak accident.” It was not “just part of the job.” It was a choice, and today that choice was met with accountability. The Cooler Killer is going to jail.”

 

He continued, “A guilty verdict does not bring Eric back. It does not erase what his children live with. But it does something New York too often refuses to do when the harm comes from someone wearing a badge: It draws a line. This outcome did not happen in a vacuum. It happened because people pushed, because the family stood strong, because we stayed present, and because we refused to let this case get buried under excuses and paperwork.”

Newsome said that from the night that Duprey, affectionately known as “Cuajo,” died, Black Lives Matter Greater New York showed up. He said they changed the narrative from a “traffic accident” to a homicide, protested in The Bronx, at Grand Central Station, and outside the Attorney General’s office. As reported, Hawk Newsome was arrested in midtown Manhattan in September 2023 for protesting Duprey’s death without a permit.

 

Newsome said that that was not a brag. “It is a reflection of the lengths we have to go just to demand the basics. In a city that claims to value justice, we should not have to be threatened or arrested just to insist that a human life matters.”

On supporting Duprey’s children, Hawk Newsome said, “The news cameras come and go, but grief doesn’t. Our work didn’t stop at bullhorns. We provided direct support to Eric’s children, buying computers, bikes, and ensuring Christmas came every year. Mutual aid is what love looks like when systems fail. We maintained optimism because we believe people can win against “impossible” odds when they unify.”

He went on to say that the trial exposed “a truth New Yorkers must confront: the intentional misrepresentation of facts by police.” He said, “We saw three NYPD officers testify they “did not see” Erik Duran throw the cooler, despite their training to watch every aspect of a narcotics operation. One officer claimed they didn’t see the scooter coming, even as camera footage showed them pointing at it.”

 

Hawk Newsome said that if regular people are charged for obstructing justice, sworn officers must face the same. “Years ago, we introduced the Blue Wall Bill,” he said. “The principle is simple: If an officer intentionally falsifies or materially misrepresents facts in a police report—especially in cases of injury or death—it must be a felony.”

 

He continued, “Today, we are calling on Mayor Zohran Mamdani and the New York City Council to pass legislation that makes this explicit.” He said what were needed were “felony charges for officers who lie in official reports, no more administrative discipline or paid leave for cover-ups, and real consequences that match the damage done to families and the truth.”

Addressing families watching the trial in similar circumstances, he said, “You are not alone. If your family is dealing with police violence or official lies, hear us: You are not alone. Our movement is not a moment. We are here for more than the trial date or the trending hashtag. If you need help navigating advocacy, press, or community support, reach out to us.”

 

Hawk Newsome concluded, saying, “Today’s verdict is a signal, but it is not the finish line. Accountability must be consistent. Truth must be protected. And laws must be strong enough to break the Blue Wall of silence that keeps families trapped in grief. Eric Duprey mattered. His children matter. And New York must never again treat a preventable death like a public relations inconvenience.”

 

Norwood News reached out to the NYPD for comment from the department or from the police commissioner on the verdict. We received the following response, “Pursuant to New York State Public Officers Law, a public officer who is convicted of a felony automatically ceases to hold that position. Accordingly, Sergeant Duran has been dismissed from the New York City Police Department.”

 

Pursuant to New York law, 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. OSI officials say that if OSI’s assessment indicates an officer caused the death, the office proceeds to conduct a full investigation of the incident.

 

As reported, protestors had previously demonstrated outside the 52nd Precinct in The Bronx in September 2023, though Duran, as above, was stationed with the Bronx narcotics unit.

 

Black Lives Matter and attorneys and advocates for the mother of Eric Duprey, killed during a police-involved incident on Wednesday, Aug. 23, 2023, at 2505 Aqueduct Avenue in the Fordham Manor section of the Bronx, hold a press conference outside Bronx Criminal Court on Jan. 14, 2026, on the first day of the trial for Sgt. Erik Duran, the NYPD member on trial in relation to Duprey’s death. Video by Norwood News 

The case was prosecuted by Senior Investigative Counsel Joseph Bianco and Investigative Counsel Angel Chiohh, and was supervised by Deputy Bureau Chief Daphna Frankel and Supervising Investigative Counsel Jessica Cepriano. Detectives Santiago Molina and Luisa Giraldo and retired Supervising Detective Walter Lynch of OAG’s Investigation Division led the investigative work on the case, and the trial lawyers were supported by OSI Analysts Isabella Fratta and Payton Sapletal.

 

The OSI’s Bureau Chief is Owen Heimer. The OSI is part of the Division for Criminal Justice, which is led by Chief Deputy Attorney General José Maldonado and overseen by First Deputy Attorney General Jennifer Levy. The Investigation Division is headed by Chief Oliver Pu-Folkes.