By Sofi Zeman, Caroline Zimmerman
The Kansas City Star
KANSAS CITY, Kan. — A Wyandotte County sheriff’s deputy has been charged with second degree murder and involuntary manslaughter for his role in the death of a 50-year-old man who was being held in the county jail.
That deputy, Richard Fatherly, will remain out of police custody until his November court date, despite the fact that he’s facing murder charges, Wyandotte County District Attorney Mark Dupree said during a Thursday afternoon news conference.
The Wyandotte County District Attorney’s Office in a Thursday evening news release said that it had filed the charges against Fatherley for killing inmate Charles Adair in July. Adair’s autopsy revealed that he died in the Wyandotte County Detention Center after an officer knelt on his back. That report ruled Adair’s death a homicide.
Fatherley is accused of “unlawfully, feloniously, and unintentionally but recklessly under circumstances manifesting extreme indifference to the value of human life,” killing and unlawfully restraining Adair, according to a Wyandotte County court document.
The man faces one count each of second-degree unintentional but reckless murder and involuntary manslaughter, according to a Wyandotte County court document.
If convicted, Fatherley will be sentenced on one of the two charges, Dupree said.
The district attorney’s office will try to get a second-degree murder conviction primarily, but is also seeking the involuntary manslaughter charge “in alternative” to that, given the office has evidence to pursue both charges against Fatherley, Dupree said.
If convicted of second-degree murder, Fatherley could face up to 400 months in prison. If convicted of involuntary manslaughter, the man could face up to 136 months in prison. Involuntary manslaughter is a level five felony, while second-degree murder is a level two felony, Dupree said.
Fatherley, who has worked for the sheriff’s department since May 9, 2024 , will not be arrested in connection to the incident, Dupree said. Instead, he received a summons to appear in court on Nov. 18 , according to court documents.
“He received that summons this afternoon from a law enforcement officer and that is common practice in this county when there are charges for officers,” Dupree said. “...He was in fact cooperative with the investigation with the Bureau of Investigation and I do not believe that it was a concern for this office on whether or not he would continue to cooperate.”
Fatherley is the only individual expected to face charges in relation to the incident, Dupree said.
He has been placed on unpaid administrative leave from the sheriff’s office until an outcome to the case is determined, the department’s media specialist, Grace Jacobs , told The Star Thursday.
The sheriff’s office is conducting its own administrative investigation, Jacobs said.
Dupree said that due to the conflict of interest, his office will “likely” file for an out-of-district judge to oversee the case.
Fatherly is not a certified law enforcement officer, Dupree said. He has only worked in the Wyandotte County detention center.
Adair’s family has been notified of the charges, Dupree said.
Adair’s death
Adair was being held in the jail for failing to appear in court for traffic offenses and on an evening in July went to receive medical care for a pre-existing leg wound, according to the Kansas Bureau of Investigations . As he was transferred back to his cell after receiving treatment, he began yelling and physically resisting officers, according to the KBI. Multiple deputies responded to the altercation and detained Adair.
An autopsy report obtained by The Star revealed one of the officers knelt on Adair’s back during the incident, according to the autopsy. Investigators said Adair’s death was caused by a force that deterred his breathing. Contributing factors included a cardiovascular disease and hepatic cirrhosis connected to alcoholism.
Minutes after the altercation, medical staff that had been called in to evaluate Adair found him unresponsive in his cell. He was pronounced dead not long after.
Additionally, an autopsy found small scrapes on Adair’s skin and hemorrhages on his back and shoulders. The medical examiner also located several rib fractures and a sternal fracture.
The KBI is leading the investigation into Adair’s death.
Noelle Alviz-Gransee and Kendrick Calfee contributed to this report.
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