Former NYPD officer who fatally threw cooler at fleeing suspect granted bail during appeal of conviction

"I am very pleased to announce that the SBA's team of attorneys has secured bail for Erik Duran, and he will be released from prison and remain free throughout his appeal," Sergeants Benevolent Association president Vincent Vallelong said in a statement.

"This is a major win for Erik and his family and for law enforcement officers around the country!" Vallelong added.

Duran's attorney, Arthur Aidala, told Fox Digital that it was no surprise that their client was released.

"We are very pleased but not surprised that the Appellate Division found that there are legitimate appellate issues in Sgt Duran's case," Aidala said. "It was obvious to the Court that he is not a flight risk nor a danger to the community and was entitled to be at home with his family during pendency of the appeal."

He died instantly.

Duran maintained he was trying to protect other officers from Duprey, who was operating the motorized bike on a sidewalk.

"They had enough to investigate and catch him on a different day," Mitchell said of the police. "The distinction is that the deceased will no longer be seen again by his family."