What Happened
On August 23, 2023 undercover NYPD officers were conducting an operation in an effort to catch drug dealers. During the operation a 30 year-old man named Eric Dupree allegedly sold narcotics to the undercover officers.
NYPD personnel state that when when officers informed Mr. Dupree that he was under arrest - that he refused to cooperate. Instead of submitting to the lawful arrest - like a decent human - he fled the scene.
Mr. Dupree got on a motorbike and fled the scene on a sidewalk. A crowded sidewalk.
Use of Force
As Mr. Dupree fled on the sidewalk a 13 year NYPD veteran (Sergeant Erik Duran) threw a red plastic cooler (containing bottled waters) at him. The cooler struck Mr. Dupree and he lost control of the motorbike and crashed. Mr. Dupree died from his injuries.
Next
The NYPD immediately placed Sgt. Duran on paid leave pending the investigation. The NY Attorney General is also conducting an investigation into possible criminal charges for Sgt. Duran.
Anti-police activists and the family of Mr. Dupree are calling for murder charges to be filed against the Sergeant.
Breakdown
As in most controversial police incidents - the entire thing could have been avoided if the involved suspect simply followed the law and subsequently followed lawful commands from police.
In this case the police had probable cause to make an arrest.
Police officers can use force to make a lawful arrest.
Force used by police officers must be “objectively reasonable”.
The throwing of the cooler should be evaluated as a PIT maneuver or a spike belt/tire deflation system deployment.
Typically, police officers are only allowed to utilize such tactics on a motorbike if “deadly force” is authorized.
As the result is likely a crash with serious/deadly injuries.
Final Thoughts
This use of force is only objectively reasonable if the Sergeant can articulate an “immediate” threat of death or great bodily injury to pedestrians on the sidewalk. And that the motorbike had to be stopped to preserve life.
If throwing the cooler was only to prevent escape - then it is not objectively reasonable and criminal charges against the Sergeant would be appropriate.
The reason why the cooler was thrown is literally the difference between the Sergeant attaining hero status or criminal status. Either he saved innocent lives or he killed a man unnecessarily.
Thoughts?
NYPD Cooler Case