WyCo deputy accused of murder will first appear in court on Zoom
A Wyandotte County deputy who is charged with murder will appear in court for the first time in the case on Zoom next week, court records show.
Richard Fatherley is charged with second-degree murder, or in the alternative, involuntary manslaughter in Wyandotte County District Court. He will appear for a first appearance via video conference 11:30 a.m. Nov. 18 in Division 13, according to online court records.
Fatherley was charged after a medical examiner ruled Charles Adiar’s in-custody death a homicide and an investigation by the Kansas Bureau of Investigation.
Adair, 50, was found unresponsive in his jail cell July 5 after an altercation with deputies, according to the KBI. Adair’s autopsy shows a medical examiner ruled he died from “mechanical asphyxia,” or when a force or object prevents someone from breathing.
Adair had just received treatment for a pre-existing wound on his leg around 8:30 p.m. that night, then refused to comply with officers as he was being wheeled back to his cell, according to court documents.
An affidavit from the KBI says surveillance footage showed Fatherley kneeled on Adair’s back for 1 minute and 26 seconds as deputies tried to gain control.
Fatherley continued to kneel on Adair’s back and put pressure on his shoulder even after other deputies believed Adair had stopped resisting, according to statements in the KBI affidavit.
Medical staff found Adair unresponsive. He was pronounced dead at 9:19 p.m. despite life-saving measures, the KBI said.
Adair’s family hires lawyers
The Wyandotte County Sheriff’s Office has declined to comment on the incident while the case remains in the court system. The sheriff’s office is conducting its own administrative investigation, a department spokesperson said.
Adair’s family tapped national civil rights attorneys Ben Crump and Harry Daniels, who sent the Unified Government of Wyandotte County a notice of intent to file a lawsuit last month.
The letter alleges Adair’s death happened after Fatherley violated Adair’s constitutional rights and claims the Wyandotte County Sheriff’s Office failed to properly train its employees in the detention center.
This week, a judge denied the state’s request to disqualify Wyandotte County judges from the criminal case against Fatherley.
The judge, from another Kansas jurisdiction, ruled the request legally insufficient. The ruling stated that the prosecutor who made the request failed to provide specific facts about what would prevent a fair trial.
After Fatherley was charged, Wyandotte County District Attorney Mark Dupree announced he would not be arrested or booked into the county jail, but instead be issued a summons to appear in court in November.
Dupree said at the time that not booking officers who face charges is a common practice in the county.
Despite it being common practice, Adair’s family and their attorneys have criticized the decision to not arrest Fatherley.
