A former New York City police officer, who caused the death of a drug suspect by throwing a picnic cooler at him, is having his legal team appeal his manslaughter conviction in an effort to secure his release from prison, where he’s currently in isolation.
Eric Duran, a 38-year-old ex-sergeant and father of three, was sentenced to between three and nine years for the death of Eric Dupree in 2023. Presently, he is in protective custody at Rikers Island, separated from the general inmate population, as confirmed by law enforcement officials.
While he has access to a TV, a small outdoor area, and a shower, his interactions with other inmates are limited due to safety concerns. Duran is expected to transfer to a state prison to serve his sentence, which has been characterized by some as excessively harsh for law enforcement.
His lawyers aim to convince an appeals court to free Duran while they work on overturning his conviction in this contentious case.
Arthur Aidala, one of Duran’s attorneys, stated their argument will center on the belief that the judge’s decision was incorrect when considering all the facts. They filed the motion recently in hopes of persuading the court.
Duran, who had a challenging upbringing in the Bronx before becoming known as a “model” officer, threw a cooler at Dupree as he tried to flee on a scooter during a drug operation, resulting in Dupree falling and suffering a fatal head injury.
Following the February trial, Judge Guy Mitchell imposed a harsh sentence on Duran for manslaughter. After the sentencing on Thursday, Duran was taken into custody immediately, prompting his lawyers to seek an emergency review of his case, hoping to allow him to reunite with his family.
Barry Cummins, another lawyer for Duran, mentioned that the appeals court might grant bail if they believe there are valid concerns with the earlier ruling.
Conversely, Mark Bedreau, a former prosecutor who is now a defense attorney, expressed skepticism about Duran’s chances of being granted release during the appeal process. He noted that the defense must demonstrate a credible possibility that the conviction could be overturned, which is generally tougher if the verdict came from a judge instead of a jury.
Bedreau remarked that it won’t be enough to simply appeal to sympathy because of Duran’s former position as an officer. “That won’t work,” he concluded.
