Judge sentences NYPD cop up to 9 years in prison after he chucked cooler at fleeing suspect to protect fellow officers

A judge in New York has ruled that an NYPD cop who threw a picnic cooler at a fleeing suspect, which caused a fatal crash, will be sentenced to at least three and up to nine years in prison for the charge of manslaughter. The same judge only gave nine months to an alleged gang member who beat a homeless man to death.

Erik Duran, 38, was convicted of manslaughter in connection with the August 2023 death of 30-year-old Eric Duprey. Duran has said that he was protecting his fellow officers at the time. Duran had thrown a cooler at Duprey, who was on a motorized scooter, and then crashed and died.

"I took this job to save lives. I felt terrible once I saw Eric Duprey crash," Duran told Bronx Judge Guy Mitchell, who ruled on the sentencing. Mitchell then claimed the sentence would serve as a "general deterrent" to other officers from acting similarly, according to Fox News.

The Council of Common-Sense Caucus in NYC said in a statement, "The sentencing of former NYPD Sergeant Erik Duran to three to nine years in prison for manslaughter is the culmination of a tragedy on multiple levels. A life was lost, a family is grieving. Nothing can change that, and they deserve our sympathy. At the same time, this case raises serious concerns about the future of policing in New York City.

"On August 23, 2023, Sergeant Duran made a split-second decision in a fast-moving and dangerous situation, believing he was acting to protect his fellow officers. While the court ultimately determined that decision was not legally justified, the imposition of a prison sentence sends a deeply troubling message to law enforcement officers across our city. Police officers are asked every day to make life-or-death decisions in real time, often under chaotic and unpredictable circumstances. When those decisions — even if made with the intent to protect others— carry the risk of imprisonment, it creates hesitation where decisiveness is required. And officers who are hesitant to act cannot effectively do their jobs and keep us safe," the statement added.

The judge in the case, Mitchell, is facing extreme backlash for the strong sentencing of Duran, when at the same time, he gave only nine months in prison to 19-year-old Branlee Gonzalez, an alleged gang member, who pummeled 69-year-old Lucio Bravo to death in Washington Heights after the man allegedly catcalled Gonzalez's relative. Another victim in the case had minor injuries, per the New York Post.

At the time, Mitchell told Gonzalez that he wanted him to get no jail time if he pleaded guilty to first-degree manslaughter and stayed out of trouble, but then reversed course, giving the alleged gang member 16 months to four years in prison. Gonzalez only served nine months. The alleged gang member's lawyer said he deserved leniency because he had a bad childhood and a family member faced sexual abuse.