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A Wyandotte County deputy accused of second-degree murder in the death of Charles Adair will make his first court appearance via Zoom on Tuesday.
His court appearance by Zoom raised questions about whether he's receiving special treatment.
KSHB 41's Rachel Henderson worked to answer viewer questions about this on Monday.
Deputy Richard Fatherley is charged in connection with Adair's death in July at the Wyandotte County Detention Center.
Fatherley received a summons instead of being arrested when charges were filed in September.
At a September press conference, Wyandotte County District Attorney Mark Dupree said Fatherley wasn't a flight risk and has been cooperating with the investigation.
He has been on unpaid administrative leave since the death.
"He still has the luxury of sitting at home with his family," Anthony Adair, Charles's brother, said at a Friday rally.
The virtual hearing format has prompted questions from viewers about whether Fatherley is getting preferential treatment.
The hearing was initially scheduled for 9 a.m. on November 18, and family and community members were under the impression it would happen at the Wyandotte County Courthouse.
His attorney James Spies said he didn't request the Zoom appearance.
"As I understand it, the docket tomorrow morning is incredibly busy," Spies said.
He expects Tuesday's hearing to last no more than 30 seconds.
The brief appearance will set what's called a docket call hearing, after which parties will coordinate with the judge to set a preliminary hearing date.
The use of a summons instead of an arrest warrant was unusual, according to Spies.
"Most certainly it is unusual," he said. "I was surprised when that occurred. I expected them to issue a warrant."
The Wyandotte County Public Defender's Office, which represents people charged with felony crimes who can't afford attorneys, confirmed summons are rarely used.
"We almost never see summons issued for our clients, even on low-level cases," a representative said.
Chief Public Defender David Magariel supports broader use of virtual hearings, particularly for clients who often lack means to attend in-person proceedings.
"I think that would be an excellent change for the court," Magariel said. "I would love to see it instituted more broadly," Magariel said.
Zoom hearings became increasingly popular in 2020 in response to the COVID-19 pandemic.
Justice for Wyandotte plans to hold a rally outside the Wyandotte County Courthouse Tuesday morning calling for justice and accountability.
Cries for justice have echoed for months since Adair's death, with protesters continuing to demand accountability in the case.
Justice for Wyandotte, which held a vigil along with Adair's family and church members, plans to hold a rally ahead of Fatherley's first appearance Tuesday morning at 9:00 a.m.
The hearing is now scheduled for 11:30 a.m. Tuesday.
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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