Former NYPD officer gets 3 to 9 years in prison for throwing a cooler that caused fatal crash

NEW YORK (AP) — A former New York City police sergeant was sentenced Thursday to three to nine years in prison for tossing a picnic cooler full of ice and drinks at a fleeing suspect, who then crashed his motorized scooter and died.

Erik Duran, 38, was convicted of manslaughter in the 2023 death of 30-year-old Eric Duprey. The ex-sergeant said he was trying to protect other officers from the approaching scooter. He is the first former NYPD officer sentenced to prison for an on-duty death in at least two decades.

“I took this job to save lives. I felt terrible once I saw Eric Duprey crash," Duran told a Bronx judge, saying he “did everything he could” to attend to the man's injuries.

“I never wanted this to happen,” he added, apologizing to Duprey's family in Spanish as a court interpreter translated.

Duprey's mother, Gretchen Soto, wept as Duran spoke. Earlier, she told the court: "There are no words to express what I feel.”

Judge Guy Mitchell said he did not accept the ex-sergeant’s defense that his actions were justified, concluding that Duran hurled the cooler because he “was upset that Mr. Duprey was getting away.” If there was no cooler, the judge said, Duprey “would have driven by” Duran and “could’ve been captured another day.”

Duran was immediately taken into custody after sentencing. His lawyer, Arthur Aidala, said he will ask a court to free him on bail while he appeals.

"Nobody’s above the law” a woman shouted in a courthouse hallway after the sentence was announced.

Afterward, Soto and Duprey's partner, Pearl Velez, said they did not accept Duran’s apology.

“How you gonna say sorry now?” Velez said.

Duran's union, the Sergeants Benevolent Association, said thousands of officers signed an online petition calling for him to be spared prison.

“Today will forever be the darkest day of our profession,” union president Vincent Vallelong said. Duran’s prison sentence, he said, “puts in the back of a police officer's mind that they can lose their freedom” for making a split-second decision.

Officers in NYPD jackets packed the courtroom gallery, while a couple dozen protesters outside demanded justice for Duprey.

Prosecutors with state Attorney General Letitia James’ office sought a three-to-nine-year prison sentence for Duran, saying he recklessly caused Duprey's death.

“He did that while on duty,” then attempted to cover up his actions, prosecutor Joseph Bianco told the court.

Defense lawyer Andrew Quinn argued for no prison time, calling Duprey’s death the “unintended and tragic consequences” of a “reckless decision” Duran made in a span of 2.5 seconds.

Duran grew up in the Bronx and led a “model, exemplary life” prior to Duprey's death. A married father of three, he joined the NYPD because he wanted to make the borough “cleaner and safer for the kids who came after him,” Quinn said.

“He is now the cooler cop,” Quinn said.

Duran was part of a narcotics policing unit that conducted a “buy-and-bust” operation in the Bronx on Aug. 23, 2023. Police said Duprey sold drugs to an undercover officer, then tried to flee on a scooter.

Surveillance video showed Duprey driving the motorized scooter on a sidewalk toward a group of people. As he approached, the then-sergeant — who wasn't in uniform — picked up a bystander's cooler and threw it.

The container struck Duprey, who lost control of the scooter, slammed into a tree and crashed onto the pavement. Duprey was not wearing a helmet. He sustained fatal head injuries and died almost instantly, according to prosecutors.

They argued Duran had enough time to warn others to move but instead hurled the cooler because he was angry.

Duran, however, testified at his trial that he made a split-second decision to keep other officers safe from the scooter speeding toward them.

“He was gonna crash into us,” Duran said then, adding “all I had time for was to try again to stop or to try to get him to change directions.”

Duran opted to have Judge Mitchell, not a jury, decide the case.

Duran had worked for the NYPD for 13 years. He was suspended after the crash and fired after his conviction in February.

Duprey was a delivery driver and had three young children. Soto, who said she was on a video call with him right before he died, has disputed the police claims that he sold drugs and fled from officers.

She told the judge Thursday her son “is not just a name, not just one more case.”

“It is an unjust incident," Soto said through a Spanish interpreter. "As a mother, I have to miss him now every day.”

Associated Press writer Jennifer Peltz contributed to this report.

Former New York City police sergeant Erik Duran stands during his sentencing hearing at the Bronx County Hall of Justice Thursday, April 9, 2026, New York, for tossing a picnic cooler full of drinks at a fleeing suspect, Eric Duprey, who then crashed his motorized scooter and died. (AP Photo/Michael R. Sisak)

Gretchen Soto, mother of Eric Duprey, and Black Lives Matter advocate Hawk Newsome are seen outside court following the sentencing of former New York City police sergeant Erik Duran at the Bronx County Hall of Justice Thursday, April 9, 2026, New York. (AP Photo/Michael R. Sisak)

Former New York City police sergeant Erik Duran is seated during his sentencing hearing at the Bronx County Hall of Justice Thursday, April 9, 2026, New York, for tossing a picnic cooler full of drinks at a fleeing suspect, Eric Duprey, who then crashed his motorized scooter and died. (AP Photo/Michael R. Sisak)

Demonstrators stand outside the Bronx County Hall of Justice in New York, Thursday, April 9, 2026, where former New York City police sergeant Erik Duran is set to be sentenced for tossing a picnic cooler full of drinks at a fleeing suspect, Eric Duprey, who then crashed his motorized scooter and died. (AP Photo/David Martin)

FILE - Gretchen Soto, the mother of Eric Duprey, speaks outside the Bronx Criminal Court in New York, Feb. 6, 2026, after New York police officer Erik Duran was convicted of manslaughter after he tossed a picnic cooler filled with drinks at a fleeing Duprey, causing him to fatally crash his motorized scooter. (AP Photo/Kena Betancur, File)

FILE - New York police officer Erik Duran, who is charged with hurling a plastic cooler at a man fleeing officers on a motorized scooter, causing a crash that killed the driver, arrives to his manslaughter trial at the Bronx Criminal Court in New York, Feb. 6, 2026. (AP Photo/Kena Betancur, File)

An upstate New York man who had his alligator seized after sharing a home for more than three decades has given up his court fight to get back the reptile he affectionately named Albert.

Tony Cavallaro sued the state Department of Environmental Conservation after officers met him with a warrant in the driveway of his home in the Buffalo suburb of Hamburg in March 2024. The officers sedated the 12-foot (3.6-meter), 750-pound (340-kilogram) alligator and drove him away in a van.

Albert, who lived in an indoor swimming pool, eventually ended up in a sanctuary in Texas.

Cavallaro sued over the state's denial of a license to keep Albert. But the 66-year-old said Thursday that the legal action had consumed his life for two years. With no quick end in sight, he decided last month that he couldn't deal with the exhausting battle anymore.

“They were never going to give me this alligator back, and it was going to cost me a ton more money. Another year and a half — at least — of stress,” Cavallaro said in a phone interview.

Cavallaro’s license to keep Albert had expired in 2021, according to the department. But even if it had been renewed, Cavallaro had let other people pet the alligator and even get in the pool with him, providing grounds for the removal under the rules for keeping animals classified as dangerous, the agency said after the seizure.

The seized alligator had blindness in both eyes and spinal complications, among other health issues, according to the state.

Cavallaro has insisted that Albert was “just a big baby” who had never shown signs of aggression. He bought the alligator at an Ohio reptile show when it was two months old and considered him an “emotional support animal.”

Cavallaro said he has not seen Albert since the animal was taken away, though he has seen photographs.

“I’m not at peace. I don’t think I ever will be,” he said. “I’m very angry about the whole thing.”

FILE - Tony Cavallaro holds a photo of his pet alligator, Albert, on March 19, 2024, in Hamburg, N.Y. (AP Photo/Carolyn Thompson, File)

FILE - In this photo provided by the New York Department of Environmental Conservation, officers secure an 11-foot alligator for transport, March 13, 2024, Hamburg, N.Y. (New York DEC via AP, File)