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NEW YORK — <\/span>A former New York City police sergeant can stay out of jail while he appeals his manslaughter conviction for tossing a picnic cooler<\/a> at a fleeing suspect who then crashed his motorized scooter and died, a judge ruled Friday.<\/p>\n The decision by a state appellate court judge came a week after a lower-court judge sentenced Erik Duran to three to nine years in prison and sent him to jail immediately in the 2023 death of 30-year-old Eric Duprey.<\/p>\n Judge Saliann Scarpulla, of the mid-level Appellate Division, ordered Duran freed on $300,000 cash or bond and said he must surrender his passport to his lawyers, who will keep it until his appeal is over.<\/p>\n \u201cThis is a major win for Erik and his family and for law enforcement officers around the country,\u201d said Vincent Vallelong, the president of Duran\u2019s union, the Sergeants Benevolent Association.<\/p>\n A lawyer for Duprey\u2019s family, Jon Roberts, said they were \u201cdeeply disappointed\u201d by Scarpulla\u2019s decision.<\/p>\n \u201cWhile we respect the appellate process, this outcome reopens painful wounds for a family that has already endured an immense loss,\u201d Roberts said. \u201cOur focus remains on seeking accountability and ensuring that the seriousness of what occurred is never diminished.\u201d<\/p>\n Duran, a 38-year-old married father of three, was the first former NYPD officer sentenced to prison for an on-duty death in at least two decades. At Duran\u2019s sentencing, defense lawyer Andrew Quinn said he will forever be known as \u201cthe cooler cop.\u201d<\/p>\n Duran lawyer Arthur Aidala asked the Appellate Division to intervene after the sentencing judge, Guy Mitchell, refused to grant the ex-sergeant bail. Duran spent the last week at the city\u2019s notorious Rikers Island jail complex.<\/p>\n The ruling freeing Duran shows that the Appellate Division sees \u201clegitimate appellate issues in Sgt Duran\u2019s case,\u201d and that is \u201che is not a flight risk nor a danger to the community,\u201d Aidala said.<\/p>\n Duran was part of a narcotics policing unit that conducted a \u201cbuy-and-bust\u201d operation in the Bronx on Aug. 23, 2023. Police said Duprey sold drugs to an undercover officer, then tried to flee on a scooter.<\/p>\n Testifying in his own defense at his trial in February, Duran said he was trying to protect other officers when he heaved the cooler full of ice and drinks at Duprey.<\/p>\n The container struck Duprey, who lost control of the scooter, slammed into a tree and crashed onto the pavement. Duprey was not wearing a helmet. He sustained fatal head injuries<\/a> and died almost instantly, according to prosecutors.<\/p>\n Duprey\u2019s death and Duran\u2019s conviction have galvanized activists, some of whom have labeled him the \u201ccooler killer,\u201d and pro-police forces, who say locking him up sends the message that officers can lose their freedom for split-second decisions.<\/p>\n On Tuesday, the New York Islanders showed a message on the video board at their Long Island arena encouraging hockey fans to donate to Duran\u2019s legal defense fund. The message included a QR code and a message from the Sergeants Benevolent Association, requesting fans join \u201cthe fight for justice.\u201d <\/p>\n Vallelong said the fundraiser came together after someone at the New York Post informed him that the Islanders \u201cwanted to do something\u201d for Duran. The team also said it would direct 25% of proceeds from a 50\/50 raffle to support Duran, the union said. <\/p>\n Roberts, the lawyer for Duprey\u2019s family, said they were \u201cdeeply troubled” by the Islanders\u2019 decision to “align themselves, even symbolically, with efforts that appear to support Sgt. Duran\u2019s legal defense.\u201d<\/p>\n \u201cThis was not a neutral act,\u201d Roberts said. \u201cIt sends a message \u2014 intended or not \u2014 that risks undermining public confidence in a fair legal process and deepens the pain of a family still grieving.\u201d<\/p>\n<\/div>\n