Greater than three dozen state lawmakers are calling on Gov. Kathy Hochul to pardon ex-NYPD Sgt. Erik Duran of his manslaughter conviction – slamming the case towards him as a “blatant miscarriage of justice.”
GOP state Assemblyman Matt Slater despatched Hochul the letter, signed by almost 40 of his colleagues, pleading together with her to grant clemency to Duran, who was sentenced to at the least three years behind bars for fatally flinging a cooler at a fleeing drug suspect.
“At a time when regulation enforcement officers are requested to make split-second choices to maintain our communities protected, we should additionally guarantee they’re handled with equity when these choices are made in good religion,” wrote Slater, whose district consists of Duran’s Putnam County dwelling.
“[Duran’s] actions have been taken within the line of responsibility to guard others from quick hurt, and we imagine justice and equity warrant your consideration,” the Tuesday letter states.
The Bronx native, a 13-year veteran of the NYPD, was charged by the state Legal professional Basic’s Workplace after he threw a full Igloo cooler at 30-year-old Eric Duprey throughout an undercover drug sting in August 2023.
Duprey, who was attempting to flee arrest on a motorcycle, crashed and hit the bottom, struggling deadly accidents, authorities have stated.
“Sadly, Mr. Duprey … who was not sporting a helmet, was killed,” the pols wrote of their letter.
Whereas Duran argued that he threw the picnic gear to guard his fellow officers and others within the path of the moped, Bronx Supreme Court docket Justice Man Mitchell discovered the deadly drive not justified and convicted him of second-degree manslaughter in February, following a non-jury trial.
“We imagine this whole continuing was a blatant miscarriage of justice,” Slater’s letter states.
“Sgt. Duran’s actions saved the lives of harmless civilians close by, his officers, and their prisoner.”
Mitchell, on April 9, sentenced the ex-cop — a married 38-year-old father of two — to a 3-to-9 yr jail time period, whereas saying he needed the punishment to be a “deterrent” to different officers.
“A deterrent to what—doing their jobs? It’s absurd,” Meeting Minority Chief Ed Ra (R-Franklin Sq.) stated in an announcement accompanying the letter.
“This isn’t the world we’ve got to dwell in. Gov. Hochul has the authority to appropriate this injustice and restore steadiness to our system. New York needs to be a spot the place criminals are held accountable and police are supported in defending the general public. Granting Sgt. Duran a pardon would ship a transparent message that public security nonetheless issues.”
Duran, who was fired by the NYPD upon his conviction, spent every week behind bars earlier than an appeals courtroom agreed to free him on $300,000 bail whereas he fights to overturn the responsible verdict.
The letter pleading for clemency for him was signed by 38 Republican meeting members after it was circulated among the many GOP convention.
Hochul’s workplace has stated Duran wants to use for a pardon if he needs his case to be thought of.
“There’s a pardoning course of within the state of New York and we assessment all purposes that come earlier than the administration impartially,” a spokesperson reiterated Thursday.
Duran’s authorized workforce has but to use for a pardon, a rep for the NYPD’s Sergeants Benevolent Affiliation stated Thursday.
One in every of his legal professionals, Arthur Aidala, advised The Publish that Duran’s authorized workforce is targeted on engaged on his attraction, however nonetheless leaving different choices open.
“Proper now, our undivided consideration is on submitting the attraction and righting this mistaken that was performed to Sgt. Duran,” Aidala stated, including. “Nevertheless we’re not ruling something out and we’ll proceed to discover all of our choices.”
Slater advised The Publish on Thursday that Duran’s predicament “sends a extremely disheartening and regarding message to regulation enforcement all throughout New York.”
“One which I’ve heard from regulation enforcement officers about and we’d like to verify they perceive that we acknowledge the damaging scenario that they get put in,” he stated.
Slater, who started serving within the meeting in 2023, famous the lawmakers who signed onto his letter got here from throughout the Empire State — emphasizing the widespread assist for Duran.
“It sends a robust message that we’ve acquired representatives from each nook of the state that acknowledge the injustice that’s been performed right here,” he stated.
“To have an activist choose attempt to ship a message to regulation enforcement on this approach is simply patently mistaken.”
Nassau County Government Bruce Blakeman, a Republican working for governor towards Democratic incumbent Hochul this yr, has stated he’ll pardon Duran if elected to the state’s highest workplace.
Duran, in an announcement launched by the SBA after he was launched on bail final week, stated he was able to battle “my attraction with the identical dedication I demonstrated all through my profession within the NYPD.”
The union and the Nationwide Police Protection Basis are working collectively to lift funds to assist with Duran’s authorized charges.
