New York — A former New York City police sergeant can stay out of prison while appealing his manslaughter conviction for throwing a rag. The coolness of the picnic On the fleeing suspect who then crashed his motorcycle and died, a judge ruled on Friday.
The state appeals court judge’s decision came a week after a lower court judge sentenced Eric Duran to three to nine years in prison and sent him to prison immediately in the 2023 death of 30-year-old Eric Dupree.
Judge Salian Scarpulla of the Intermediate Appellate Division ordered Duran released on $300,000 cash or bail, and said he must surrender his passport to his lawyers, who will keep it until his appeal concludes.
“This is a huge victory for Eric, his family and for law enforcement officers across the country,” said Vincent Vallelong, president of the Duran Union, a sergeants’ benevolent association.
John Roberts, the Dupree family’s attorney, said they were “deeply disappointed” by Scarpulla’s decision.
“While we respect the appeals process, this outcome reopens painful wounds for a family who has already suffered tremendous loss,” Roberts said. “Our focus remains on seeking accountability and ensuring that the seriousness of what happened is not minimized.”
Duran, a 38-year-old married father of three, was the first former NYPD officer to be sentenced to prison for a line-of-duty death in at least two decades. At Doran’s sentencing, defense attorney Andrew Quinn said he would forever be known as the “coolest cop.”
Duran’s attorney, Arthur Aidala, asked the Appellate Division to intervene after the sentencing judge, Jay Mitchell, refused to grant bail to the former sergeant. Duran spent the past week at the city’s notorious Rikers Island jail complex.
Aidala said the ruling to release Duran shows that the Appellate Division sees “legitimate appellate issues in Sergeant Duran’s case,” and that he “does not pose a flight risk and does not pose a danger to the community.”
Duran was part of a drug police unit that conducted a “buy and bust” operation in the Bronx on August 23, 2023. Police said Dupree sold drugs to an undercover officer, then tried to flee on a motorcycle.
Testifying in his own defense during his trial in February, Duran said he was trying to protect other officers when he filled Dupree’s cooler full of ice and drinks.
The container struck Dupree, who lost control of the scooter, struck a tree and crashed onto the sidewalk. Dupree was not wearing a helmet. He held out Fatal head injuries He died almost instantly, according to prosecutors.
Dupree’s killing and Duran’s conviction have galvanized activists, some of whom have described him as “the most amazing killer”, and pro-police forces, who say his imprisonment sends a message that officers can lose their freedom for bad decisions.
On Tuesday, the New York Islanders showed a message on the video board at their Long Island arena encouraging hockey fans to donate to Duran’s legal defense fund. The message included a QR code and a message from the Censors’ Charity asking fans to join the “fight for justice”.
Vallelong said the fundraiser came about after someone at the New York Post informed him that the Islanders “wanted to do something” for Duran. The team also said it would direct 25% of the proceeds from the 50/50 raffle to support Duran, the union said.
Roberts, the Dupree family’s attorney, said they were “deeply disturbed” by the Islanders’ decision to “side, even symbolically, with efforts that appear to support Sergeant Doran’s legal defense.”
“This was not a neutral act,” Roberts said. “It sends a message – intended or not – that risks undermining public confidence in a fair legal process and exacerbating the pain of a still grieving family.”