Wyandotte County deputy charged with murder has first appearance in court on Zoom
A Wyandotte County Deputy facing murder and involuntary manslaughter charges appeared in court Tuesday for the first time via video conference, weeks after he was first charged in connection with a man’s in-custody death.
Richard Fatherley appeared before Judge Renee Henry at 11:30 a.m. in Wyandotte County’s 13th District via Zoom. He sat in his attorney James Spies’ office, and acknowledged the charges before him before waiving a reading of the charges in court.
Prosecutors allege Fatherley’s actions on July 5 led to the death of 50-year-old Charles Adair, who had been in custody on misdemeanor warrants for failure to appear in court for multiple traffic violations. If convicted, he could face a maximum of 33 years in prison.
Fatherley did not enter a plea in his initial appearance. His case was assigned to Division 5, where the next hearing is scheduled for 1 p.m. Dec. 19.
An affidavit from the Kansas Bureau of Investigation says surveillance footage showed Fatherley knelt on Adair’s back for 1 minute and 26 seconds as deputies tried to gain control during a struggle.
According to court documents, Adair had just received treatment for a pre-existing leg wound around 8:30 p.m. when he refused to comply with officers as he was being wheeled back to his cell.
Fatherley allegedly 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 later found Adair unresponsive. He was pronounced dead at 9:19 p.m. despite life-saving measures, the KBI said.
A medical examiner ruled Adair’s death a homicide and his cause of death, “mechanical asphyxia,” or when an object or force prevents someone from breathing. Other contributing factors to Adair’s death, according to his autopsy, included “hypertensive cardiovascular disease” and “hepatic cirrhosis due to chronic alcoholism.”
It was unclear from court documents whether Fatherley and other jail employees knew of Adair’s pre-existing medical conditions beyond his leg wound.
Fatherley’s attorney did not immediately respond to requests for comment about the case on Tuesday.
The Wyandotte County Sheriff’s Office has declined to comment on the incident while the case remains in the court system. A spokesperson for the sheriff’s office said the agency is conducting its own internal investigation.
Fatherley was charged following an investigation by the KBI. He was not arrested after he was charged, sparking criticism from Adair’s family who announced last month their intent to sue for wrongful death.
Wyandotte County District Attorney Mark Dupree said in a September statement that it is common practice to not take officers into custody when they face charges.
