The Pennsylvania Superior Court has reinstated third-degree murder charges against former bouncer Kenneth Frye for the death of a man outside an LGBTQ bar in Center City in 2022. According to 6abc, Frye was initially accused of punching 41-year-old Eric Pope outside the Tabu Bar and Lounge on April 16, 2022, causing Pope to fall unconscious and subsequently die from his injuries.
The case had previously been scaled down to a misdemeanor involuntary manslaughter charge, but after an appeal by the District Attorney’s Office in January 2023, the higher court has decided in favor of the Commonwealth. NBC Philadelphia reports that the judicial panel cited Frye’s awareness of the victim's inebriated and defenseless state, and the significant size difference between the two men as part of their reasoning, asserting that Frye had a "conscious disregard for an unjustified and extremely high risk that his actions might cause death or serious bodily harm."
District Attorney Larry Krasner expressed his office’s determination to pursue justice for Pope, stating that they are "one step closer to justice" thanks to the Superior Court's ruling. In response to the court’s decision, Kelly Burkhardt, an LGBTQ+ liaison for the DA's office, told PhillyVoice, "Cases like this are heartbreaking, but I'm pleased that the Superior Court's ruling reflects the potential severity of such assaults."
The reinstatement of the third-degree murder charge comes after Pope's parents filed a wrongful death lawsuit against Tabu, Frye, and Mainline Private Security, the service responsible for the bar's security personnel. The lawsuit claims that after being punched by Frye, Pope struck his head on the ground and it took Tabu staff 11 minutes to call 911. Krasner’s office plans to proceed with the third-degree murder charges as they prepare for trial, as they have notified Pope's family of the court’s decision.
