PHILADELPHIA (KYW Newsradio) — Pennsylvania Superior Court has reinstated a third-degree murder charge against a bouncer accused of fatally punching a man outside of a Center City bar, the District Attorney’s Office announced Thursday.
Kenneth Frye was a 25-year-old bouncer at Tabu, a popular bar in the city’s Gayborhood, in April 2022 when, prosecutors say, he punched Eric Pope, 41, to the ground in a manner that led to his death.
Frye was originally charged with murder and involuntary manslaughter. A Common Pleas Court judge dismissed the felony charge, which had allowed prosecutors to proceed with a charge of involuntary manslaughter only.
The District Attorney's Office says they appealed the decision to Superior Court in 2023. The July 15 ruling reverses the lower court’s decision.
Prosecutors showed evidence that included a security video from April 16, 2022, the night of the incident, that they say proves Pope was "intoxicated and defenseless." In that video, they say, Frye can be seen punching Pope in the head without provocation, knocking him to the pavement unconscious in front of the bar on 12th Street.
Pope died days later.
D.A. Larry Krasner said, in a statement, when he called Pope’s family to tell them of the ruling, he “could hear how relieved and grateful they were.” He said he "applauds” the high court’s decision, saying it "brings us one step closer to justice" for Pope, his family and the LGBTQ community.
Krasner’s office says the case will resume, but it is not clear when.