KANSAS DEPUTY CHARGED WITH MURDER IN DEATH OF MAN WHILE IN CUSTODY. (PHOTO).

 Kansas deputy charged with murder in death of man while in custody

A Kansas sheriff’s deputy has been charged with murder in connection with the death of a jail inmate who suffered multiple rib fractures and a sternal fracture after an officer knelt on his back during an altercation. According to an autopsy report, 50-year-old Charles Adair died from complications of mechanical asphyxia, a condition where breathing is obstructed, with cardiovascular disease and cirrhosis listed as contributing factors. Adair’s death occurred on July 5, just one day after he was arrested on misdemeanor warrants for failing to appear on several traffic violations and was brought to the Wyandotte County Detention Center in Kansas City, Kansas.

Wyandotte County District Attorney Mark Dupree announced that Deputy Richard Fatherley faces charges of second-degree murder and an alternative count of involuntary manslaughter. Dupree declined to specify whether Fatherley was the deputy who knelt on Adair’s back, but stated that no other jail staff would face charges. Fatherley, who was assigned to the detention center but is not a certified law enforcement officer, has been placed on paid administrative leave. He was issued a court summons rather than being booked into jail, which Dupree said is standard procedure for officers in the county.

The autopsy report states that Adair became involved in an altercation with staff as he was being transferred from a wheelchair to his cell, during which pressure was applied to his back. The report ruled his death a homicide. Anthony Adair, the inmate’s brother, said in a statement that the family was heartbroken but relieved that charges were filed. Advocacy group Justice for Wyandotte called for the release of video footage of the incident, which the sheriff’s office has declined to release until court proceedings.

Fatherley’s attorney, James Spies, argued that the charges are excessive and that the case does not meet the legal standard for second-degree murder, which requires proof of extreme indifference to human life. He added that the defense would seek an acquittal, claiming Fatherley acted reasonably in the scope of his duties.

Advocates have pointed to the autopsy’s mention of a shoulder pin maneuver, a technique typically used only when an officer feels threatened. Justice for Wyandotte’s executive director, Nikki Richardson, questioned why such force was used on a man in a wheelchair, leaving the infirmary. If convicted, Fatherley could face up to 41 years in prison for second-degree murder or up to 11 years for manslaughter.