An arrest warrant for Pennsylvania state Rep. Kevin Boyle (D-Philadelphia) has been withdrawn after authorities obtained previously unavailable information, Philadelphia District Attorney Larry Krasner and Police Commissioner Kevin Bethel said Monday.
Police said last week that Boyle had been arrested on suspicion of breaching a non-violent order against his ex-wife.
The announcement came delayed Monday afternoon, about 15 hours before polls opened in the primary election in which Boyle is seeking the Democratic nomination and re-election in his Northeast Philadelphia district.
The decision also follows a partisan dispute in the House of Representatives last week, when Republican Party leaders objected to the Democratic caucus casting a vote for Boyle in his absence because he faces the risk of arrest.
Krasner said at a news conference Monday that the arrest warrant was supported by information provided by a Philadelphia police detective in an affidavit of probable cause.
“While all indications are that this was truthful and in good faith, there was a key piece of information missing that our office was only able to meaningfully confirm today,” Krasner said. “The actual protection from abuse order was no longer in effect on the relevant dates when Mr. Boyle allegedly violated the order.”
Krasner added that the withdrawal of the order does not exonerate Boyle and that a decision will be made later. Krasner declined to provide additional information about the allegations against Boyle.
“I see no ill will on the part of the Philadelphia Police Department or our office,” Krasner said, adding that there were lessons to be learned from the situation.
“In short, this is a situation where newly confirmed information has changed our analysis and at this point we do not see probable cause and therefore must withdraw the order,” Krasner said.
Boyle, whose whereabouts have remained unknown since police confirmed an arrest warrant was issued last Tuesday, is seeking re-election to an eighth term, although his campaign has been inactive for most of the year.
Sean Dougherty, the nephew of former Philadelphia labor official John Dougherty (who is currently on trial on conspiracy and extortion charges), was recruited to challenge Boyle when the incumbent’s problems came to lithe in February.
A video circulating on social media showed Boyle, who appeared to be drunk, threatening to shut down a Montgomery County tavern after he was asked to leave. Police were called to the Rockledge bar and an investigation was launched, but no charges were filed in connection with the incident.
In 2021, Boyle was arrested for violating a court order obtained against him by his then-wife.
Since his earlier arrest, Boyle has been open about his struggles with mental illness, and his brother, Rep. Brendan Boyle (D-2nd District), said last week that the family is focused on helping him recover.
House Majority Leader Matt Bradford (D-Montgomery) said Democratic leaders remain deeply concerned about Boyle.
“Kevin is a dear friend, and his deteriorating mental health over the past few months has been devastating to me,” Bradford said in a statement Monday. “I continue to urge Kevin to get the assist he clearly needs.
“Today’s events and the spectacle of recent months should not obscure what is at stake – the life of a sick man. This is not political theatre,” Bradford added.
On Wednesday afternoon in the House of Representatives, Minority Leader Bryan Cutler (R-Lancaster) filed an unsuccessful motion to challenge Speaker Joanna McClinton’s (D-Philadelphia) decision to allow Boyle’s absentee ballot to continue to be counted.
Under House rules, lawmakers who are not in the chamber can designate their party’s whip to vote on their behalf. Cutler said McClinton’s ruling that the designation remains in effect when a lawmaker is out of touch with party leaders or “maybe has passed away” is an “absurd interpretation of the rules.”
House Democrats, who control the lower chamber by a one-vote majority, introduced a resolution Friday to change the rules so that a lawmaker who is unable to serve can be suspended or expelled.