Prosecutors sought a three-to-nine-year prison sentence for Duran, saying he recklessly caused Duprey's death while on duty and attempted to cover up his actions. Judge Guy Mitchell did not accept Duran's defense that his actions were justified, believing Duran was upset Duprey was getting away and reacted by hurling the cooler. Prosecutors argued Duran had enough time to warn others to move but hurled the cooler because he was angry.
Duran was part of a narcotics policing group conducting a 'buy-and-bust' operation in the Bronx on Aug. 23, 2023, where Duprey sold drugs to an undercover officer and tried to flee on a scooter. Surveillance video showed Duprey driving a motorized scooter on a sidewalk toward a group of people, and Duran, not in uniform, picked up a bystander's cooler and threw it, striking Duprey.
It is the court’s belief that the defendant, Sgt. Duran, was upset that Mr. Duprey was getting away and reacted by hurling the cooler.
Duprey lost control of the scooter, slammed into a tree, crashed onto the pavement, sustained fatal head injuries, and died almost instantly; he was not wearing a helmet. Duran said he threw the cooler to protect other officers from the approaching scooter. Duran's union, the Sergeants Benevolent Association, says thousands of officers have signed an online petition calling for him to be spared prison.
Officers in NYPD jackets streamed down a Bronx courthouse hallway ahead of the sentencing, while protesters demonstrated outside to demand justice for Duprey.