Third-degree murder charges have been reinstated against Kenneth Frye, a former bouncer at Tabu Nightclub who fatally punched Eric Pope in 2022.
Frye, 25, punched Pope once in the face on April 16, 2022, after Pope was shoved out of Tabu for being intoxicated. Pope died a week later due to brain trauma. Pope, 41, was a beloved educator and a member of the LGBTQ+ community.
In December 2022, Common Pleas Judge Lillian H. Ransom dismissed third-degree murder charges against Frye, stating that one punch couldn’t constitute murder.
But on July 15, in a 12-page opinion, a three-judge panel of the state Superior Court said one punch could be malicious enough to constitute third-degree murder, in certain circumstances.
The judges on the panel are Alice B. Dubow, Victor P. Stabile and Megan K. Sullivan. They heard oral arguments on the dispute in November 2023.
Videos of the incident show Pope being shoved out of Tabu by bouncers and landing prostrate on a side street. Pope managed to right himself and walk to the front of Tabu, where Frye allegedly sucker-punched him. Pope’s head landed on a manhole cover on South 12th Street in the Gayborhood.
Frye allegedly told a Tabu assistant manager that Pope simply fell, rather than acknowledging he punched him. Additionally, Frye didn’t call 911 nor show any alarm about the situation, according to court records.
In their opinion, the Superior Court judges emphasized that Pope was much smaller than Frye and “defenseless,” due to his intoxication.
“Given the size disparity, the lack of provocation, Frye’s knowledge that [Pope] was intoxicated and defenseless, we conclude the evidence, when viewed in the light most favorable to the Commonwealth, establishes a prima 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,” the judges’ opinion states.
The judges also noted that Frye’s punch was “powerful.”
“The evidence shows that the blow was indeed a powerful one delivered by a person in control of his faculties to a person incapable of defending himself,” the opinion asserts.
Philadelphia District Attorney Larry Krasner praised the ruling.
“I applaud the Superior Court’s ruling in this case,” Krasner said in an email. “This decision 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.”
Kelly Burkhardt, a Victim Witness Coordinator and LGBTQ+ Liaison at the DA’s Office, echoed Krasner’s sentiments.
“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,” Burkhardt said in an email. “Cases like this are heartbreaking, but I’m pleased that the Superior Court’s ruling reflects the potential severity of such assaults.”
Zak T. Goldstein, an attorney for Frye, expressed disagreement with the ruling.
“We respect but disagree with the Superior Court’s decision,” Goldstein said in an email. “We plan to pursue additional appeals by filing an application for reargument en banc, which is a request that the entire Court review the decision. If that fails, we will petition the Pennsylvania Supreme Court for review as the Supreme Court has never found that one punch can provide the malice required to support a murder charge. This incident was obviously a tragedy, but Mr. Frye did not act with malice and absolutely did not intend to cause the death of Eric Pope.”
Asa Khalif, a community advocate who attended the oral arguments, expressed agreement with the ruling.
“This was a horrific crime,” Khalif told PGN. “Eric Pope was no threat to anyone. He was just intoxicated. My heart goes out to his family. They have to carry this burden and continue to fight for justice.”
Khalif added: “In my opinion, it was a hate crime. Rather than assist another human being in crisis, Kenneth Frye assaulted Eric Pope in a brutal way. Eric Pope should be here and not in a grave.”
In related matters, Frye is accused of looting a West Philadelphia liquor store in September 2023. That case is pending and Frye remains free on bail. Additionally, Pope’s parents are suing Frye and Tabu for wrongful death in a civil suit. A trial date for the civil suit is tentatively set for 10 a.m. on Aug. 4, 2025 in Courtroom 480 of City Hall.