More 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 against him as a “blatant miscarriage of justice.”
GOP state Assemblyman Matt Slater sent Hochul the letter, signed by nearly 40 of his colleagues, pleading with her to grant clemency to Duran, who was sentenced to at least three years behind bars for fatally flinging a cooler at a fleeing drug suspect.
“At a time when law enforcement officers are asked to make split-second decisions to keep our communities safe, we must also ensure they are treated with fairness when those decisions are made in good faith,” wrote Slater, whose district includes Duran’s Putnam County home.
“[Duran’s] actions were taken in the line of duty to protect others from immediate harm, and we believe justice and fairness warrant your consideration,” the Tuesday letter states.
The Bronx native, a 13-year veteran of the NYPD, was charged by the state Attorney General’s Office after he threw a full Igloo cooler at 30-year-old Eric Duprey during an undercover drug sting in August 2023.
Duprey, who was trying to flee arrest on a motorbike, crashed and hit the ground, suffering fatal injuries, authorities have said.
“Unfortunately, Mr. Duprey … who was not wearing a helmet, was killed,” the pols wrote in their letter.
While Duran argued that he threw the picnic equipment to protect his fellow officers and others in the path of the moped, Bronx Supreme Court Justice Guy Mitchell found the lethal force not justified and convicted him of second-degree manslaughter in February, following a non-jury trial.
“We believe this entire proceeding was a blatant miscarriage of justice,” Slater’s letter states.
“Sgt. Duran’s actions saved the lives of innocent civilians nearby, 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 year prison term, while saying he wanted the punishment to be a “deterrent” to other officers.
“A deterrent to what—doing their jobs? It’s absurd,” Assembly Minority Leader Ed Ra (R-Franklin Square) said in a statement accompanying the letter.
“This is not the world we have to live in. Gov. Hochul has the authority to correct this injustice and restore balance to our system. New York should be a place where criminals are held accountable and police are supported in protecting the public. Granting Sgt. Duran a pardon would send a clear message that public safety still matters.”
Duran, who was fired by the NYPD upon his conviction, spent a week behind bars before an appeals court agreed to free him on $300,000 bail while he fights to overturn the guilty verdict.
The letter pleading for clemency for him was signed by 38 Republican assembly members after it was circulated among the GOP conference.
Hochul’s office has said Duran needs to apply for a pardon if he wants his case to be considered.
“There is a pardoning process in the state of New York and we review all applications that come before the administration impartially,” a spokesperson reiterated Thursday.
Duran’s legal team has yet to apply for a pardon, a rep for the NYPD’s Sergeants Benevolent Association said Thursday.
One of his lawyers, Arthur Aidala, told The Post that Duran’s legal team is focused on working on his appeal, but still leaving other options open.
“Right now, our undivided attention is on submitting the appeal and righting this wrong that was done to Sgt. Duran,” Aidala said, adding. “However we’re not ruling anything out and we will continue to explore all of our options.”
Slater told The Post on Thursday that Duran’s predicament “sends a really disheartening and concerning message to law enforcement all across New York.”
“One that I’ve heard from law enforcement officers about and we need to make sure they understand that we recognize the dangerous situation that they get put in,” he said.
Slater, who began serving in the assembly in 2023, noted the lawmakers who signed onto his letter came from across the Empire State — emphasizing the widespread support for Duran.
“It sends a strong message that we’ve got representatives from every corner of the state that recognize the injustice that’s been done here,” he said.
“To have an activist judge try to send a message to law enforcement in this way is just patently wrong.”
Nassau County Executive Bruce Blakeman, a Republican running for governor against Democratic incumbent Hochul this year, has said he will pardon Duran if elected to the state’s highest office.
Duran, in a statement released by the SBA after he was released on bail last week, said he was ready to fight “my appeal with the same determination I demonstrated throughout my career in the NYPD.”
The union and the National Police Defense Foundation are working together to raise funds to help with Duran’s legal fees.