PHILADELPHIA, PA — In a significant legal reversal, the Pennsylvania Superior Court has reinstated a Third Degree Murder charge against Kenneth Frye, a bouncer involved in a fatal incident outside a Center City LGBTQ+ bar in 2022. The decision, issued on July 15, 2024, overturns a previous dismissal by the Common Pleas Court.
The case stems from an incident on April 16, 2022, outside Tabu Bar and Lounge, where Eric Pope, 41, was fatally injured following a punch by Frye. Security footage from the scene showed Frye hitting Pope, who was intoxicated, without provocation, leading to Pope’s immediate collapse and subsequent death from the injuries sustained.
Initially, Frye was charged with Third Degree Murder, but a Common Pleas Court judge later downgraded the charge to Involuntary Manslaughter in December 2022. The Philadelphia District Attorney’s Office contested the decision, leading to an appeal in January 2023.
The Superior Court’s recent ruling highlighted the unprovoked nature of the assault, the victim’s defenseless state, and the significant size disparity between Frye and Pope as evidence of malice, warranting the reinstatement of the more severe charge. The court emphasized Frye’s conscious disregard for the high risk his actions posed.
The District Attorney’s Office, represented by Assistant District Attorney Joshua Goldwert, praised the decision. DA Larry Krasner affirmed the ruling as a step toward justice for Pope, his family, and the LGBTQ+ community. Victim Witness Coordinator and LGBTQ+ Liaison Kelly Burkhardt also expressed satisfaction with the decision, noting the relief and gratitude of Pope’s family upon receiving the news.
The case will now proceed with the Third Degree Murder charge reinstated, as the DA’s office prepares to resume prosecution.