On April 7, the Pennsylvania Supreme Court cleared the way for Kenneth Frye to be tried for third-degree murder for allegedly killing Eric Pope outside Tabu Bar in 2022.
On April 16, 2022, Frye was a bouncer at Tabu — recently renamed 254 — and allegedly sucker-punched Pope after removing him from the bar for allegedly drinking too much. Pope, 41, was a beloved educator and member of the LGBTQ+ community. He died a week later due to brain trauma.
From the beginning of the case, the DA’s Office wanted to pursue third-degree murder charges against Frye. But in December 2022, Common Pleas Court Judge Lillian H. Ransom dismissed the third-degree murder charge, ruling that one punch couldn’t constitute murder.
As a result, the DA’s Office could only pursue a misdemeanor charge of involuntary manslaughter against Frye — which the office said didn’t reflect the gravity of the crime.
In January 2023, the DA’s Office appealed Ransom’s ruling to the state Superior Court. In July 2024, the state Superior Court overturned Ransom’s decision, noting that it’s possible to commit murder by punching someone one time.
In reversing Ransom’s decision and reinstating the third-degree murder charge, the state Superior Court wrote that “[g]iven the size disparity, the lack of provocation, [and] 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.”
In October 2024, Frye filed a Petition for Allowance of Appeal, asking the justices to hear his case and reverse the state Superior Court’s ruling.
But on April 7, the state Supreme Court denied Frye’s request, thereby clearing the way for Frye to be tried for third-degree murder. The state Supreme Court didn’t give an explanation for why it denied Frye’s request to hear the case.
Frye remains free on bail, according to court records.
Zak T. Goldstein, an attorney for Frye, maintained that his client isn’t guilty of murder.
“The appellate courts have ruled only that the jury should decide what, if any, offenses have been committed,” Goldstein said in an email. “There has not been any finding of guilt of any kind. This is a tragic incident, but it is certainly not a murder. Now that the appellate process is over, the case can move forward. We look forward to resolving it in court.”
Asa Khalif, a community advocate who’s followed the case, expressed mixed feelings.
“I accept the ruling [that Frye can be tried for] third degree murder but would have preferred second or first. At this point, the only thing that matters is that Kenneth Frye is held accountable for the vicious attack on Eric Pope. His deadly assault was fueled by hate. I continue to pray for his family and friends. #Justice4EricPope.”
In a related matter, the parents of Eric Pope have filed a wrongful death suit against Tabu, Frye and the security-guard company he worked for. But the lawsuit is stalled due to an insurance dispute regarding how much liability coverage Tabu and the security-guard company have in the case.