KANSAS CITY, Mo. — The murder case was dismissed Thursday against a Wyandotte County jail employee charged in the death of Charles Adair.
Richard Fatherley was charged with second-degree murder in the July 2025 death of Adair, 50.
Wyandotte County Judge Aaron Roberts dismissed all charges against Fatherley.
“We respect the law, but disagree with the decision,” the Wyandotte County District Attorney’s Office said in a statement.
The DA’s office has filed a notice to appeal with the Kansas Court of Appeals. The DA's office declined to comment on camera.
Adair died during a struggle with jail employees in his cell, which included one person kneeling on his back.
Fatherley's attorney, James Spies, told KSHB 41 reporter Rachel Henderson the judge pointed out that all evidence suggested Adair was treated with dignity and respect in the jail up until the incident that led to his death, claiming his behavior flipped.
Spies said the state heavily relied on the autopsy report for the cause and manner of death, and Fatherley's actions were unable to be proven as the proximate cause of Adair's death.
"Mr. Fatherley is naturally relieved at the judge's decision today," Spies said. "I think it's really important to point out that there's no lack of remorse or regret for the death of Mr. Adair. Certainly, he never set out to accomplish such a goal."
Spies also told Henderson the state presented the lead case agent from the Kansas Bureau of Investigation on Tuesday, who shared the agency had determined no crime had been committed. The agent also said KBI did not recommend the DA's office file charges, only submitting an affidavit of statement of facts. Therefore, Spies said there shouldn't have been a case in the first place.
A KBI spokesperson confirmed the agency's investigation "determined no crime was committed."
KSHB 41 News has extensively covered the case.
Family members have continuously called for justice for Adair, questioning the ethical handling of the case.
KSHB 41 has reached out to the family for an interview in response to the news of the charges being dismissed.
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After Adair's death, Fatherley was placed on unpaid administrative leave, per Spies.
When asked about the status of Fatherley's employment, the Wyandotte County Sheriff's Office said they have "no comment at this time."
KSHB 41's Braden Bates spoke with Lauren Bonds with the National Police Accountability Project. She said it was shocking charges were filed in the first place given the history of incidents like this.
"You know, anytime there is a death that happens in custody or at the hands of law enforcement violence, prosecutors are always going to have a very tough row to hoe in order to get; in order to be successful in prosecuting the claim," Bonds said.
Fatherley is also named in a federal lawsuit, along with the Unified Government, Wyandotte County sheriff and five jail employees.
While the criminal case was dismissed, Bonds said the civil lawsuit is not over.
"There are, you know, a lot of civil rights cases that are successfully litigated, that are settled, that get big verdicts, where there wasn't successful criminal charges," said Bonds.
The lawsuit claims Fatherley used his work email to contact employees he knew were witnesses, among other alleged transgressions.
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