MAHOPAC- Former NYPD Sergeant Erik Duran, who was convicted on charges of manslaughter for killing a suspected drug dealer in the Bronx by throwing a cooler at the suspect as he tried to elude authorities and was sentenced to state prison, is now back in his Mahopac home.
A state appellate judge granted Duran $300,000 bail during his appeal, releasing him from the Elmira Penitentiary in upstate New York on Friday.
NYPD Sergeant’s Benevolent Association President Vincent Vallelong called the high court’s decision: “A major win for Erik and his family and for law enforcement officers around the country. Judge Guy Mitchell’s sentencing to a maximum-security prison was an atrocious thing to do.”
Thousands of police officers worldwide had called on the magistrate to refrain from sentencing the Big Apple cop to prison.
The 38-year-old Duran faced manslaughter and criminally negligent homicide charges in the death of Eric Duprey, 30, during the August 2023 incident.
Duran had pleaded not guilty in the bench trial, meaning there was no jury with a judge hearing arguments and making a verdict.
Duran had faced up to 15 years in a penitentiary.
The judge received a petition signed by some 11,000 officers around the globe calling for a ‘non-incarceration’ sentence.
The petition argued that Duran ought not to be penalized for a decision made in an instant: “As law enforcement officers we cannot be expected to effectively do our jobs while knowing that a good faith decision made in a rapidly evolving situation might cost us our freedom. The job of protecting the public is inherently dangerous and carries with it unforeseen risks,” said the petition.
Prosecutors said Duran’s actions were criminal, describing them as “reckless, unreasonable and unnecessary.”
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