PHILADELPHIA (August 1, 2024) — The Pennsylvania Superior Court has reversed a Common Pleas Court ruling that dismissed a Third Degree Murder charge against defendant Kenneth Frye, a bouncer who fatally injured 41-year-old Eric Pope outside a Center City LGBTQ+ bar in 2022. The ruling occurred on July 15, 2024.
The Commonwealth presented evidence, including security video, at a preliminary hearing that Frye punched Pope in the head without provocation while Pope was intoxicated outside of Tabu Bar and Lounge on April 16, 2022. Pope became unconscious after he was knocked to the pavement and later died from his injuries. The Philadelphia District Attorney’s Office charged Frye with Third Degree Murder.
In December 2022, and after another judge had ordered the defendant to stand trial on that charge, a Common Pleas Court judge dismissed the Third Degree Murder charge, allowing the Commonwealth to proceed only on a misdemeanor charge of Involuntary Manslaughter. The DAO appealed the decision to the Superior Court in January 2023.
In reversing the lower court’s ruling and directing it to reinstate the Third Degree Murder charge, the judicial panel concluded in part that “[g]iven the size disparity, the lack of provocation, [and] Frye’s knowledge that the Victim was intoxicated and defenseless, we conclude the evidence, when viewed in the light most favorable to the Commonwealth, establishes a prime facie case of Frye’s malice, that is, his conscious disregard for an unjustified and extremely high risk that his actions might cause death or serious bodily harm.”
“Thanks to Assistant District Attorney Joshua Goldwert for securing justice in this matter before the Superior Court,” said DA Larry Krasner. “I also applaud the Superior Court for this ruling, which brings us one step closer to justice for Eric Pope, his friends and family, and the LGBTQ+ community of which he was a part. My office will resume prosecution of this case with the Third Degree Murder charge reinstated.”
“When Assistant District Attorney Ashley Toczylowski, the assigned prosecutor on this case, and I called Eric Pope’s family to share the news, we could hear how relieved and grateful they were for the ruling,” said Kelly Burkhardt, a DAO Victim Witness Coordinator and LGBTQ+ Liaison. “Cases like this are heartbreaking, but I’m pleased that the Superior Court’s ruling reflects the potential severity of such assaults.”
CONTACT:
Dustin Slaughter, [email protected]
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The Philadelphia District Attorney’s Office is the largest prosecutor’s office in Pennsylvania, and one of the largest in the nation. It serves the more than 1.5 million residents of the City and County of Philadelphia, employing 600 lawyers, detectives, and support staff. The District Attorney’s Office is responsible for the prosecution of approximately 40,000 criminal cases annually. Learn more about the DAO by visiting PhillyDA.org.