KANSAS CITY, Kan. — A Wyandotte County Sheriff's deputy has been charged with second-degree murder, or in the alternative, involuntary manslaughter, in the death of an inmate.
But the deputy was issued a court summons instead of being arrested.
Deputy Richard Fatherly was placed on unpaid administrative leave after being charged in the death of inmate Charles Adair, a 50-year-old man who died during a struggle with jail employees at the Wyandotte County Detention Center.
Fatherly worked at the detention center for one year and four months, handling inmates in the courthouse as well.
"We do not believe this was an intentional act," said Wyandotte County District Attorney Mark Dupree.
Instead of issuing an arrest warrant, Dupree told Fatherly to appear in court in November.
"That is common practice in this county where there are charges for officers," Dupree said.
Defense attorney Gregory Watt said it was uncommon.
"I'm telling you that's absolutely not the norm," Watt said.
Watt said the use of a summons is particularly unusual for a high-level offense like homicide.
"A summons is not the norm, I've never seen it," Watt said.
Typically, an arrest warrant would be issued, followed by booking and bond proceedings.
Dupree said the deputy wasn't a flight risk and has been cooperative with the investigation.
The district attorney also acknowledged potential conflicts of interest in the case.
"It is likely my office will be filing a request for an out-of-county judge to oversee this case," Dupree said.
Watt explained the concern about local connections.
"In this situation, the conflict is readily apparent," Watt said. "Very possibly, the judge, the DA's office all these individuals potentially worked alongside the accused."
The case will ultimately require a jury to determine what caused Adair's death. Adair died during a struggle with jail employees, including one who knelt on his back.
The jury will need to evaluate how much Deputy Fatherly deviated from best practices regarding restraints and handling the situation, while also considering Adair's pre-existing health conditions.
Adair was in jail for failing to appear on multiple traffic tickets.
Dupree noted that Fatherly was not a certified law enforcement officer and did not conduct patrols.
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