Assemblyman Robert Smullen (R,C-Mohawk Valley and the Adirondacks) today joined with Assemblyman Matt Slater (R,C-Yorktown) in submitting a formal letter to the governor urging her to exercise her authority and grant a full pardon to former NYPD Sgt. Erik Duran. The legislators contend that Sgt. Duran’s conviction for second-degree manslaughter was a miscarriage of justice stemming from a justified, split-second action taken in the line of duty.

On August 23, 2023, during a “buy and bust” narcotics operation in the Bronx, Sgt. Duran threw an Igloo cooler at a fleeing suspect, Eric Duprey, who was recklessly operating a motorized scooter at high speed along a pedestrian walkway toward responding officers. Duprey, a known member of the Trinitarios street gang and not wearing a helmet, crashed and later died from his injuries. Sgt. Duran was convicted following a bench trial and sentenced to 3–9 years in prison. He was released on bail pending appeal earlier this month.

“Sgt. Erik Duran is a highly decorated NYPD officer who acted decisively to protect his team and the public in a dangerous, high-stakes moment,” said Smullen. “When a fleeing felon drove a motorized scooter at officers on a pedestrian walkway, Sgt. Duran did what was necessary to prevent a potential tragedy. His actions saved the lives of innocent civilians nearby, his officers, and their prisoner. Prosecuting and convicting him for manslaughter sends a chilling message to every law enforcement officer who must make split-second decisions in the line of duty. At a time when our officers are asked to keep our communities safe, they deserve fairness and support rather than second-guessing from the comfort of hindsight. I urge the governor to right this wrong by granting Sgt. Duran a pardon.”

Smullen co-signed the letter and stands with Slater in calling for immediate clemency.

The legislators emphasized that Sgt. Duran’s sole intent was to safeguard lives from imminent harm created by the suspect’s reckless actions. They believe justice and fairness require the governor’s intervention.