A New York City police sergeant facing serious criminal charges has testified that his decision to hurl a plastic cooler at a man fleeing on a motorized scooter was motivated solely by a desire to protect his colleagues from potential injury. The incident, which occurred in August 2023, resulted in the death of the scooter driver, 30-year-old Eric Duprey, a father of three.
Trial Testimony Reveals Sergeant's Defence
Testifying on Monday at his manslaughter trial, Sergeant Erik Duran, aged 38, stated emphatically that he had no intention of injuring Duprey when he threw the cooler, which was filled with ice, water, and sodas. According to authorities, Duprey had just completed a drug sale to an undercover officer before attempting to drive away from the scene.
"He was gonna crash into us," Duran told the court, explaining his split-second decision. "I mean, I didn’t have time. All I had time for was to try again to stop or to try to get him to change directions. That’s all I had the time to think of."
Fatal Consequences of the Incident
The consequences of Duran's actions were tragically fatal. Duprey, who was not wearing a helmet, lost control of his scooter after being struck by the cooler, crashing into a tree before falling onto the pavement. Prosecutors detailed that he suffered catastrophic head injuries and died almost instantaneously at the scene.
Beyond the manslaughter charge, Duran also faces counts of criminally negligent homicide and assault. The non-jury trial is being prosecuted by the New York State Attorney General's office, which holds jurisdiction over investigations into civilian deaths during encounters with law enforcement personnel.
Prosecution Challenges Sergeant's Account
During cross-examination, prosecutors sought to undermine Duran's claim that he acted in a moment of urgent necessity. They suggested that he had more time to consider his actions than he admitted, pointing out that he chose to pick up a heavy cooler with both hands rather than verbally warning his fellow officers to move out of the way.
Joseph Bianco, one of the prosecutors handling the case, questioned Duran directly about whether he had alerted his colleagues to the approaching scooter. When Duran reiterated that he lacked the time to issue a warning, Bianco countered by noting that the officer "did have time to do is to take two steps forward down that sidewalk" and lift the cooler.
Dispute Over Cooler's Weight and Aftermath
Duran contested the prosecution's characterisation of the cooler as heavy, offering a different perspective on the object's heft. He also testified about his immediate response following the crash, describing how he rushed to assist Duprey upon seeing the severity of his injuries.
"I said, 'Can you hear me? Can you hear me?' And then I started to notice his injury, and he was in bad shape," Duran recounted during his testimony, portraying himself as someone who acted out of concern even in the aftermath of the fatal incident.
Potential Penalties and Trial Conclusion
If convicted on the manslaughter charge, Sergeant Duran could face a prison sentence of up to twenty-five years, underscoring the gravity of the allegations against him. The trial's closing arguments were scheduled to take place on Tuesday, marking a critical juncture in the legal proceedings.
This case highlights ongoing debates about police use of force, split-second decision-making in high-pressure situations, and the legal accountability of law enforcement officers when civilian deaths occur during interventions. The outcome of the trial is being closely watched by advocates for police reform and those supporting law enforcement's challenging duties in urban environments.
