Philly DA withdraws warrant for State Rep. Kevin Boyle’s arrest

The Philadelphia District Attorney’s office withdrew the arrest warrant issued last week for State Rep. Kevin Boyle, after officials learned Monday that there is no active protection from abuse order that he could have violated.

Law enforcement officials on Monday did not have a clear explanation as to how a gaffe of this magnitude — walking back allegations against a sitting elected official the day before an election — could happen. Boyle is seeking an eighth term to represent parts of Northeast Philadelphia in a contested primary against fellow Democrat Sean Dougherty.

The matter is now under internal investigation, said Police Commissioner Kevin Bethel. District Attorney Larry Krasner said that he believed investigators acted in good faith, and did not know the PFA was no longer active until Monday morning.

”As best we can tell, nobody lied. There is simply a gap in the information,” Krasner said.

Boyle’s family said last week that the 44-year-old state representative has been struggling with a “serious mental health condition,” and family members have been desperate to get him into treatment, which he has refused.

Law enforcement officials sought to charge Boyle with violating a PFA by communication last week after investigators reviewed a copy of what they believed was an active PFA, issued in January 2022 between Boyle and his ex-wife.

Boyle had texted his ex-wife, Caitlyn Boyle, on April 12, demanding to see their children, according to Diana Schimmel, her attorney.

Boyle’s ex-wife currently has sole custody of their two children. Boyle is only allowed supervised visitation with their daughters when he meets specific mental health requirements, Schimmel said, which he hadn’t met in months.

After Boyle was told that he could not see the children, he threatened to go to Schimmel’s home, Schimmel said. Boyle did not make threats of physical violence, but the remark was part of “a history and pattern of sustained mental illness,” Schimmel said in an interview Friday.

Schimmel said she believed the PFA between Boyle and his ex-wife was valid until January 2025. She and her client provided a Philadelphia police detective with a copy, who presented it to the District Attorney’s Office to approve the charges.

But the PFA was no longer active.

The order was vacated in April 2022 after Boyle’s criminal case from 2021, in which he was arrested for violating the couple’s PFA at the time, was expunged.

Boyle’s attorney, Andrew Montroy, said the flawed warrant and media coverage surrounding it, “in the final days before election day has caused tremendous professional damage to my client.”

Monday’s developments raised questions as to why law enforcement did not seek clarity on the validity of the PFA before charges were even filed.

It was not clear whether the detective or prosecutors assigned to the case, despite having a physical copy of what they believed to be a valid order, checked the online system or with court administrators to confirm it was still active before issuing a warrant for Boyle’s arrest.

Bethel said he did not know whether the detective did that in this case, and said the matter is now under internal investigation.

Generally, he said, detectives are expected to verify PFAs, but “he or she is also expected to move beyond that” and “not just rely on a sole source” that an order may no longer be active.

Krasner said receiving confirmation that the PFA was no longer active took time, and that his office did not receive it until Monday morning.

No politics were involved the decision to file or withdraw charges, Krasner said, noting that he sought to correct the record as soon as the status of the PFA was confirmed Monday.

“While I see no bad faith on the part of the police department or on the part of our office, there may be some lessons to be learned here,” Krasner said. He did not specify what those lessons are, or what “checks and balances” may be added to the process for the future, saying that he was “under legal restrictions.”

Schimmel said Monday that she and her client were disappointed but they continue to cooperate with police to get Boyle the help he needs.

“We hope that this doesn’t embolden Kevin to do anything that may harm himself or others,” Schimmel added.

Krasner said Boyle remained under investigation. It was unclear what, if any, charges he could face in the future.

The Inquirer began raising questions about the validity of the PFA last week, after reporters requested a copy of the records. Representatives from the courts said Wednesday — the day after the warrant was issued — that no such record existed.

When reporters questioned the District Attorney’s Office beginning on Thursday and continuing into the weekend, officials said that there was a legitimate PFA. Reporters continued to seek proof that such an order existed — until Monday, when law enforcement officially walked back the claims.

“I commend the fact that journalists were diligent about checking into it,” Krasner said.

As of Monday, Boyle’s whereabouts remained unknown. State police visited his apartment in Harrisburg over the weekend in search of him, but he was not there, according to a law enforcement source.

Pennsylvania House Democrats have spent more than $200,000 in support of Boyle’s Democratic primary opponent, Sean Dougherty.

News of the warrant also had an impact last week in the state House, as Democratic leaders continued to vote on Boyle’s behalf even though his whereabouts were unknown. House Majority Leader Matt Bradford (D., Montgomery) took the first step Thursday to try to expel Boyle from the House.

Bradford said Monday that the day’s developments do not change the “incapacity issues” that he believes Boyle is facing.

“He’s our friend,” Bradford said. “He needs help. All of the theater and the drama doesn’t change what needs to happen, which is Kevin needs to get well.”