KANSAS CITY, Kan. — A Wyandotte County Court judge's ruling allowed the release of the probable cause affidavit that details the night Charles Adair died in the county detention center.
The court documents reveal Wyandotte County Sheriff's Deputy Richard Fatherley kneeled on Adair's back for 1 minute, 26 seconds before Adair died.
Fatherley was charged with second-degree murder, but he remains out of jail.
A warrant has not been issued for his arrest.
He received a summons requiring him to show up for a first court appearance scheduled for Nov. 18th — exactly two months after charges were filed by the Wyandotte County District Attorney's Office.
KSHB 41's Alyssa Jackson is a part of a team of reporters who are requesting records to better understand what happened the night Adair died.
Noted civil rights attorney Ben Crump, who is working with the Adair family, released a statement on the release of the probable cause affidavit.
“The newly released affidavit confirms that Charles Adair was handcuffed, lying on his stomach with a severely injured leg, and posed no threat when a deputy pressed a knee into his back, resulting in his death," Crump and attorney Harry Daniels said in the statement. "We will continue advocating for Charles Adair, and his family, demanding full transparency and accountability. Those responsible must be held accountable, and justice must be served.”
The sheriff's office has denied requests for a department head shot or photo of Fatherley, any personnel-related records like his disciplinary history and body camera footage.
Since Fathereley has not been arrested, a mug shot has not been taken.
The affidavit states that deputies who were interviewed after Adair's death shared the last time they had a refresher to review hands-on techniques was three to five years ago. A large portion of the affidavit mentioning training was redacted.
KSHB 41's Alyssa Jackson followed up with the court clerk to ask for an explanation of the redaction with exemptions used from the Kansas Open Records Act. As of Friday evening, she has not received a response.
The sheriff's office released its use of force policy to KSHB 41 reporter Rachel Henderson.
The policy didn't have any specific guidelines on a prone restraint, a technique that involves kneeling on someone's back and can cause serious injury or death.
However, the department's policy was clear about a specific use of force technique.
"Individuals should not be placed on their stomachs for an extended period, as this could impair their ability to breathe."
While Adair was on his stomach, Fatherley increased pressure on his back roughly 62 seconds after his last movement.
Adair's family has made several requests of the Wyandotte County Sheriff's Office, District Attorney's Office and Kansas Bureau of Investigation.
A spokesperson for the family told KSHB 41's Alyssa Jackson on Friday, the family will not have a chance to review anything until Fatherley's first court appearance on November 18th.
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KSHB 41 reporter Alyssa Jackson covers portions of Johnson County, including Overland Park, Prairie Village and Leawood. Share your story idea with Alyssa.
