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A Wyandotte County Sheriff's Department deputy charged with second-degree murder in the death of jail inmate Charles Adair made his first court appearance via Zoom on Tuesday.
The court appearance over Zoom sparked criticism from Adair's family about how the case is being handled.
Deputy Richard Fatherley appeared virtually alongside his attorney for the hearing that lasted about one minute.
Fatherley is accused of killing Adair, who died July 5 in the Wyandotte County Detention Center after an officer knelt on his back for 1 minute and 26 seconds.
Adair was in jail on misdemeanor traffic violations at the time of his death.
"You never think that it's going to happen to your family, and when it does happen to your family, it's like, wow," Anthony Adair said.
Anthony, who is Charles' brother, said the death continues to drain him.
"It still weighs in my heart and on my mind," Anthony Adair said.
Family members and community advocates with Justice for Wyandotte rallied Tuesday morning outside the courthouse before the hearing, calling for justice and fairness in the case.
It's the same place they held a vigil on Nov. 14.
"One justice system for all," one advocate shouted during the rally.
The Adair family expressed frustration that the hearing was conducted via Zoom rather than in person.
However, a court spokesperson said virtual first appearances are not uncommon.
"It was a coward's way out,” Anthony Adair said. “That's Wyandotte County.”
The family also remains upset that Fatherley was issued a summons instead of being arrested when charges were filed in September.
There is no mugshot of Fatherley or photo of him released by the sheriff's department.
“We cannot have a two-tier justice system here," Anthony Adair said.
The district attorney said in September that Fatherley was not arrested because he is not considered a flight risk and has been cooperative with the investigation.
"It is a dangerous precedent to have a summons for a second-degree murder," said Nikki Richardson, co-founder and executive director of Justice for Wyandotte. "I want to stand here in solidarity with the Adair family, many of whom could not show up today because they did not feel safe."
Fatherley's attorney, James Spies, acknowledged the unusual nature of the summons on Monday.
"I will say to you, most certainly it is unusual," Spies said. “I was surprised when that occurred. I expected them to issue a warrant.”
During Tuesday's rally, supporters held a moment of silence lasting 1 minute and 26 seconds, the same amount of time Adair was pinned down on his back.
The family's attorney, Ben Crump, who first detailed the body camera video of the incident in September, called it "horrific."
Anthony Adair said his family still has not seen the video.
Fatherley's next court appearance is scheduled for 1 p.m. on Friday, Dec. 19, in Division 5 at the Wyandotte County Courthouse.
Anthony Adair said he plans to remain active in seeking justice for his brother as the case moves through the legal system.
"I've been asleep all my life in Wyandotte County, but the death of my brother has woken me up," Anthony Adair said.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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