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A Wyandotte County deputy charged with second-degree murder in the death of jail inmate Charles Adair was issued a court summons rather than being arrested, raising questions about standard procedures in officer-involved cases, even from Adair's family.
Deputy Richard Fatherley is charged in connection with Adair's death on July 5 at the Wyandotte County Jail.
Adair died after a struggle with jail employees, during which one employee knelt on his back.
Wyandotte County District Attorney Mark Dupree announced the charges against Fatherley on Thursday.
He defended his office's decision to issue a summons instead of having law officers arrest Fatherley.
"That is common practice in this county where there are charges for officers," Dupree said at Thursday’s press conference. “We do not believe this was an intentional act.”
Dupree said it was likely his office would file a request for an out-of-county judge to oversee the case. On Friday, his office filed the request for an informal hearing and a change of judge.
Attorney Zach Thomas, a defense attorney who ran twice for Johnson County District Attorney, said issuing a summons over a warrant for charges similar to Fatherley's is not common.
"My initial reaction upon hearing that a summons was issued in this case was in absolute shock," Thomas said.
Thomas says a summons or notice to appear usually applies to lower-level misdemeanors.
"Certain reasons exist that could validate that," Thomas said. "Whether it's understaffing, whether it's a lack of security that could be provided for the inmate," Thomas said.
The sheriff's department currently has 34 job vacancies and approximately 146 current deputies, though that number varies slightly due to retirements and new hires.
Wyandotte County's 2026 budget, which was approved Monday, also revealed significant staffing shortages in the sheriff's department.
Under the department's list of important issues, it states that hiring and retention of qualified personnel remains its "biggest challenge."
Fatherley was not a certified law enforcement officer, but did handle inmates, which Thomas said creates additional safety concerns.
"That officer's personal safety is at a very increased risk," Thomas said.
Thomas said he has seen situations where deputies or officers are held in neighboring counties for their safety.
Instead, Fatherley is scheduled to appear in court in November.
Adair's family has hired renowned attorney Ben Crump to represent them in the case.
Attorney Crump shared the following statement on Friday:
“We will not stand by while another Black man dies in custody under circumstances that contradict law enforcement’s duty to protect. The autopsy ruling of homicide by mechanical asphyxia leaves no room for excuses. Records show that a deputy kneeled on Charles’ back while he was in the prone position, similar to the way George Floyd was killed more than five years ago. Charles’ family and his children deserve transparency, accountability and justice for his death.”
Nikki Richardson, executive director and co-founder of Justice for Wyandotte, has been supporting Adair's family through the legal process.
"It's really heavy right now," Richardson said. "They're still trying to process a lot of information."
She says the charges are a step in the right direction, but there’s more that can be done.
"It's been a few months since Charles' passing, but that does not mean that the grief has passed," Richardson said.
The family is seeking answers about what led to Adair's death and wants to see body camera footage from the incident.
"There's still a lot of unanswered questions on how things escalated to the point where they lost their brother," Richardson said.
Richardson said the family had been waiting to see what action the district attorney would take.
"They were really waiting to see what the district attorney was going to do, and now that the district attorney is pressing charges, it's kind of giving them time to reflect. But it's hard to do that in the midst of so much pain," Richardson said.
Richardson emphasized that Adair deserves proper recognition as more than just a case number.
"He was actually a really loving family man that was battling a lot of health issues," Richardson said. "He was a human being, and he had a family that loved him and cared for him and really miss him."
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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