Former NYPD Sgt. from Mahopac Erik Duran released on bail

Mahopac resident and former NYPD undercover Sgt. Erik Duran has been released on bail pending appeal of his manslaughter conviction in the death of suspect Eric Duprey. On April 9, Duran was sentenced to at least three years in prison following the conviction, which stemmed from a 2023 undercover drug operation in the Bronx.

Duran, 38, was granted $300,000 bail Friday and was expected to be released from the Elmira Correctional Facility early this week, according to reports.

In a statement on the NYPD Sergeants Benevolent Association website, SBA President Vincent Vallelong said Duran “will remain free throughout his appeal.”

“This a major win for Erik and his family and for law enforcement officers around the country!” Vallelong wrote.

In a statement posted on Facebook, Duran’s attorney Arthur Aidala said Duran’s team was “very pleased but not surprised” that the Appellate Division granted bail. He said it found “legitimate issues” in Duran’s case.

“It was obvious to the court that he is not a flight risk nor a danger to the community and was entitled to be at home with his family during the pendency of the appeal,” Aidala said, adding that the SBA and the National Police Defense Foundation are partnering “in our collective pursuit to deliver justice” for Duran.

“Our fight is your fight,” Aidala said. “Let’s show the nation that law enforcement officers support one another, especially when our justice system fails them.”

Aidala and the SBA are both soliciting donations for Duran’s defense. Their effort included a widely reported Jumbotron message at a recent Islanders game, which included a QR code link to the SBA’s fundraising page. The display drew backlash from Duprey’s attorneys but support from Duran’s supporters. It was unclear how much the Islanders’ messaging contributed to Duran’s defense fund.

Aidala said all proceeds “go directly to finance the costly appeal necessary to deliver justice and free” Duran.

Duran’s sentencing — like the trial that preceded it — drew national attention in the debate over justifiable and excessive force. Duran’s supporters argue that he acted quickly and was protecting his fellow officers; civil liberties groups and police critics say he acted recklessly and used unnecessary force, which led to fatal consequences.

The New York Times reported that Duran addressed Duprey’s mother, Gretchen Soto, in Spanish during the sentencing at the Bronx County Hall of Justice.

“I am really sorry for the loss of your child,” the Times reported Duran saying to a sobbing Soto. “I never wanted this to happen. I pray for you and your family.”

Through a court translator, Soto said the death of her son, 30, was not “just one more case” and that he was “well-loved.”

“It is an unjust incident that, as a mother,” she said. “I have to miss him now every day.”

At trial, Duran, a 15-year NYPD veteran working in the NYPD Narcotics Borough Bronx (NBBX) Tactical Response Unit, testified he was protecting fellow officers when he threw a cooler at Duprey, who was trying to get away on a scooter. The cooler hit Duprey’s arm, causing him to crash fatally.

Before the sentencing, more than 11,000 current and former law enforcement officers signed a petition urging a Bronx judge not to jail Duran; the Times reported police packed the courtroom at the sentencing hearing.

The petition, organized by the NYPD SBA, argued jailing Duran would send the wrong message to officers forced to make split-second decisions.

“He did his job,” Vallelong said at the time. “He did the same thing every police officer would do in that situation. After this, every cop is going to worry their next decision could cost them their freedom.”

The case has drawn national attention as one of the rare instances of an NYPD officer being convicted of manslaughter, sparking debate over where to draw the line between justifiable force and police brutality. The Times reported demonstrators were present at the sentencing.

At sentencing, Judge Guy H. Mitchell, who presided over the trial, agreed with prosecutors’ recommendation that Duran be sentenced to three to nine years in prison. While he acknowledged Duran’s remorse, Mitchell said the sentence would serve as “a general deterrent” for officers “violating the law when they are making attempts to apprehend fleeing suspects.”

In February, Duran became the first NYPD officer convicted of killing a civilian while on duty in more than a decade. He was fired immediately after the guilty verdict.

Duran — who faced up to 15 years in prison — has said he never intended to kill Duprey and rendered aid immediately.

“I did everything that I could,” the Times reported him saying. “I regret that this day ever happened.”

Vallelong called the sentence “one of the darkest days in the history of our profession” and said the decision had “sent a very chilling message to every cop in the nation.”

Outside the courtroom, Vallelong said the SBA would do “everything it can” to support Duran during his appeal, an effort that led to his release on bail.

“It wasn’t only Sgt. Duran, a great cop, who was on trial,” CBS News reported Vallelong saying on April 9. “Every law enforcement officer who makes a split-second decision in the performance of their duties to protect the public was also on trial.

“And this sentencing, which has now sent a very chilling message to every cop in the nation — that the system that we have sworn to uphold can single-handedly destroy your career and your life for doing exactly what you are trained to do.”