The Pa. Superior Court, on Thursday, reinstated third-degree murder charges against a bouncer who is alleged to have killed Eric Pope, 41, outside of an LGBTQ bar in Center City in 2022.
A statement from Philadelphia District Attorney Larry Krasner's office noted that Thursday's ruling overturned a December 2022 Commonwealth court decision that threw out a third-degree murder charge against Kenneth Frye, who was working as a bouncer when he is alleged to have struck Pope in an incident that led to the man's death.
According to Krasner's office, prosecutors presented evidence, including security surveillance footage, at a preliminary hearing that, they claim, showed Frye punch Pope in the head on the night of April 16, 2022 -- without provocation -- in an attack outside of Tabu Bar and Lounge, along the 200 block of South 12th Street, that knocked Pope to the pavement.
Pope later died from his injuries.
Get top local stories in Philly delivered to you every morning. Sign up for NBC Philadelphia's News Headlines newsletter.
After the Commonwealth court's ruling, prosecutors could only pursue a misdemeanor involuntary manslaughter charge against Frye. Krasner's office appealed that ruling in January of 2023.
In reversing the lower court's ruling, Krasner's office noted that 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."
With Thursday's ruling, Krasner said, in a statement, that his office was now "one step closer to justice for Eric Pope."
Local
Breaking news and the stories that matter to your neighborhood.
"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."
The District Attorney's Office did not immediately provide information on when this case would continue.
Frye was released after posting bail in May of 2022.
Sign up for our Breaking newsletter to get the most urgent news stories in your inbox.
