Kansas deputy charged with murder in death of man in custody

MISSION, Kan. — A Kansas sheriff’s deputy was charged Thursday with second-degree murder and an alternative count of involuntary manslaughter in the July 5 death of a jail inmate at Wyandotte County Detention Center in Kansas City, Kansas.

Charles Adair, 50, had been arrested one day earlier on misdemeanor warrants for failure to appear on multiple traffic violations. The case centers on why Adair died after being removed from his wheelchair and wheeled from the infirmary toward his cell, during which the autopsy said his back was kneeled on and he sustained broken ribs and a sternal fracture.

An autopsy found that Adair’s death was caused by complications from “mechanical asphyxia,” with cardiovascular disease and cirrhosis listed as contributing factors. The manner of death was classified as homicide. The report notes an altercation occurred as Adair was being removed from his wheelchair, but it did not specify which officer knelt on him. While Deputy Richard Fatherley, who was assigned to the detention center, was identified in charging documents, the autopsy did not confirm that he was the officer who knelt. Authorities have said no other charges would be pursued in the case.

Our family is still heartbroken over the loss of my brother, Anthony Adair said in a statement released through the group Justice for Wyandotte. We are grateful to see that charges have been filed, but it is important for us to be able to see the camera footage of Charles’ final moment. The sheriff’s office declined a records request from The Associated Press seeking video of what happened. At a news conference, Wyandotte County District Attorney Mark Dupree said all information in the case would be reviewed by a judge at the preliminary hearing and then would be made available in court.

Fatherley, who was not a certified law enforcement officer, is on paid administrative leave. He received a summons Thursday afternoon calling for him to appear in court, but he has not been booked into jail. Dupree said that is customary for officers in the county facing charges and that Fatherley was not a flight risk and was cooperative with investigators. He also said he would seek an out-of-county judge to oversee the case to avoid a potential conflict of interest.

Fatherley’s attorney, James Spies, said the second-degree murder charge requires proof of extreme indifference to life, which he argued does not apply in this case. He described the alternative charge as involuntary manslaughter, which would require proof of recklessness. “We’re going to be pursuing an acquittal in this case,” Spies said. “My client acted reasonably within the scope his employment.”

The case echoes debates raised by similar autopsy findings in past cases. In 2021, a separate autopsy found Cedric Lofton, a 17-year-old, became unresponsive while restrained at a Wichita juvenile intake center. In that instance, Sedgwick County District Attorney Marc Bennett said the state’s stand-your-ground law prevented charges because staff were protecting themselves, a decision that drew criticism from some advocates. Spies said Adair’s death was “a tragic accident” but not the result of Fatherley’s actions.

The charges carry potential penalties of up to 41 years in prison for second-degree murder and up to 11 years for involuntary manslaughter. A preliminary hearing will determine whether there is enough evidence to proceed to trial. The case is unfolding amid ongoing scrutiny of use-of-force protocols in county jails and the handling of inmates during medical or infirmary transfers, with local advocates calling for transparency in video footage and investigative proceedings.