A Split-Second Use of Force Now He Faces 9 Years. Every Cop Needs to See This.

By: The Blue Magazine Editorial Team

Former NYPD Sgt. Erik Duran is now facing 3 to 9 years in prison for a decision made in real time on a Bronx sidewalk.

August 2023.

Officers moved in on a suspected drug deal. The suspect ran. He fled on a motorized scooter onto the sidewalk while being pursued by police. That matters. Sidewalks are pedestrian space used by children, families, and commuters. This was not a routine situation. It was a fleeing suspect, under active pursuit, operating a motorized vehicle in a space not intended for it. Duran threw a cooler in an attempt to stop him.

The suspect crashed and later died. Now Duran is going to prison. On the street, decisions are made in seconds. In court, those decisions are reviewed over months and years. That gap defines this case.

The case was prosecuted by the office of Letitia James under New York’s framework for police-involved deaths. The court ruled the action reckless. What, then, is the expectation? Let him go? Allow a fleeing suspect actively being pursued to continue riding a motorized scooter onto a sidewalk?

Wait for someone to get hit?

This is where the reality of policing gets lost. These situations are not controlled. They unfold fast. A fleeing suspect moving through a public space does not just present a risk to civilians. It presents a risk to the officers trying to stop him.

Had that movement continued, the outcome could have been different not just for the suspect, but for the officers involved.

In these moments, there is no time to analyze. There is only the decision in front of you, made under pressure, with incomplete information.

And the question that follows is simple:

Who gets the benefit of the doubt in that moment? Because use of force is not pretty. It is not meant to be. But it is often necessary to stop something worse. Nobody wants to see anyone die neither suspect nor officer. But these situations do not begin in a vacuum.

They begin with actions that escalate, decisions that create danger, and moments that force a response.

The case did not end with conviction. The defense argued for probation. The court imposed 3 to 9 years in prison. The judge made clear the sentence was meant to serve as a deterrent. Even after the conviction, there was still an opportunity to recognize the difference between criminal intent and a split-second decision in a fast-moving situation. Instead, the sentence raised the stakes. It made clear the consequences would include prison time.

That sends a second message. Law enforcement leadership is already reacting. Vincent Vallelong, president of the NYPD Sergeants Benevolent Association, said:

“Every law enforcement officer… was also on trial… this sentencing… has now sent a very chilling message to every cop in the nation.”

He added:

“What’s going to happen when every single police officer… says maybe I shouldn’t make that decision? That question is already being answered. Every officer watching this case understands the implication:

Think twice. Act slower. Limit exposure. That shift changes behavior. Response becomes more cautious and when response slows in situations that require speed, the risk increases on both sides of the encounter.

When enforcement pulls back, offenders notice. They adapt. They push further. The balance shifts and the public feels it first.

The consequences do not fall on politicians. They do not fall on judges. They do not fall on the people making these decisions from a distance. They fall on the public. On the same sidewalks where this started. On the same communities where officers are expected to act in real time. Hesitation carries forward to the next call, the next pursuit, the next moment where action is required.

One officer is now facing years in prison. A family is dealing with the consequences. Across the profession, the takeaway is clear: There is no guaranteed right decision in a moment that unfolds in seconds. Only the understanding that a real-time decision can later be judged under a different standard, with time that did not exist in the moment and it is the public on those same sidewalks who feels it first.

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The Blue Magazine stands with the NYPD and with former NYPD Sgt. Erik Duran. We extend our support to Duran and his family as they face the outcome of this case.