April 22, 2024
Thom Carroll/for PhillyVoice
Philadelphia District Attorney Larry Krasner (above) withdrew a warrant Monday for state Rep. Kevin Boyle, who had refused to turn himself in.
A warrant issued last week for Pennsylvania state Rep. Kevin Boyle, who refused to turn himself in, was withdrawn Monday after investigators discovered the protection from abuse order he had allegedly violated was no longer active, Philadelphia District Attorney Larry Krasner said Monday.
The sudden turn of events comes on the eve of Pennsylvania's primary election in which Boyle's seat is in play in the 172nd District, where he has served seven terms.
Boyle, 44, has been evading arrest since Tuesday, when Philadelphia police issued a warrant that alleged Boyle broke a restraining order by sending text messages to his estranged wife. At the time the warrant was issued, investigators believed the order had been active dating back to the period of the alleged text messages.
But on Monday morning, Krasner said his office received "previously unavailable" information showing the order was not active then and isn't currently active.
"This genuine document, this actual protection from abuse order, was no longer in effect on the relevant dates when Mr. Boyle is alleged to have violated that order," Krasner said. "I will say, separate and apart from that, this does not mean ... that Mr. Boyle committed no crime. That is a matter to be determined later."
Krasner said the investigating police officer who signed the warrant for Boyle's arrest provided accurate information, but that the inactive status of the protection from abuse order meant there was no longer probable cause for him to be charged with a crime.
"As best we can tell, nobody lied," Krasner said. "There is simply a gap in information."
Philadelphia Police Commissioner Kevin Bethel confirmed that the police department issued the warrant based on "what we believed was a valid protection order," but it was actually out-of-date. He added the police department needs to "learn from this issue" and prevent it from happening in the future. An internal investigation is underway to determine why the oversight occurred.
Boyle, a Democrat, has represented his district in Northeast Philly and Montgomery County since taking office in 2011. In Tuesday's primary for the 172nd District, the state Democratic Party has heavily backed Boyle's challenger, Sean Dougherty. In the Republican primary, Aizaz Gill will face Patrick Gushue for a chance make a GOP run at the seat in November.
Boyle did not immediately issue any statement about the withdrawal of the warrant.
Krasner said Monday he did not want to wait until after the election to make public that Boyle's warrant was withdrawn. He said he has not spoken to Boyle and could not confirm whether the inactive protection from abuse order was the reason he had not turned himself in to police.
"Regardless of what candidate I might like or might not like, I don't think it's right for people to end this day without information that can be corrected," Krasner said. "I suppose people could look at what happened here and say, 'Oh, it's a big plot against Boyle because there was an arrest warrant.' But what's this? A big plot for Boyle? Or might it just be that people operating in good faith were missing a fact and went back and got it and corrected it – however imperfectly — once they had it?"
Krasner said he was "not at liberty" to discuss how his office received the information that led to the correction and withdrawal.
Boyle's prospects in Tuesday's race had already been impacted by months of doubt about his fitness for office. His older brother, Rep. Brendan Boyle, said after the warrant was issued last week that Kevin suffers from "a very serious mental health condition" that "has been a nightmare for our family." Boyle had started to show worsening symptoms in recent months despite functioning at a high level for the previous two years.
In 2021, Boyle was arrested and charged with harassment and violating the protection from abuse order filed by his wife, but those charges were expunged.
Then in February, Boyle made headlines after a viral video showed him apparently drunk and shouting at the staff of a Montgomery County bar. After the video surfaced, he had Capitol security privileges revoked. His colleagues indicated that he would seek help, but there had been ongoing speculation about whether he was getting it. His brother's statement alluded to difficulties in getting Boyle into treatment.
"We have been frustrated by a system that gives little power to the loved ones of an adult with a serious mental health condition,” Brendan Boyle wrote.
Despite the arrest warrant and his unknown whereabouts, Kevin Boyle has continued to vote by proxy on legislative matters in Harrisburg. He's been able to do so because of a rule narrowly adopted by the House last year, which permits members to designate the Majority or Minority Whip to vote as directed on their behalf.
In the days since the warrant was issued, members of both parties introduced resolutions that would empower the House to expel lawmakers deemed unfit to serve and to prevent Boyle from voting remotely.
In his statement last week, Brendan Boyle said his family is still working to get Kevin help.
"Our sole focus now is for Kevin to get the medical treatment he needs and to make a full recovery like he did previously," Boyle said. "Our hearts are with Kevin, as well as all families who are suffering because a loved one is afflicted with a mental health illness."
Krasner said his office will still investigate whether Boyle committed any other crimes.
"It is very common in a domestic violence situation that there may be more than one possible offense that is available as a charge," he said. "What our announcement means today is that the offense of violating a protective order is not available in this case. We will, in the near future, take another look and reassess and consider whether or not there might be next steps."
