The family of a 50-year-old Kansas City, Kansas, man who was killed in the Wyandotte County jail called Tuesday night for law enforcement to publicly release the bodycam footage that shows the moments leading up to his death. They also want the case to be tried before a judge from outside of Wyandotte County.
Leading cries of “Let’s be fair for Charles Adair!,” Ben Crump, a national civil rights attorney, compared Adair’s death — which happened inside the jail — to that of George Floyd’s public killing at the hands of a white law enforcement officer.
Crump, who saw bodycam video on Tuesday, said it shows sheriff’s deputy Richard Fatherley kneeling on Adair’s back for a minute and a half after pulling Adair from a wheelchair. Fatherley then removed Adair's handcuffs and left him face down on a bed in his cell, according to Crump.
Adair, who was in the jail on misdemeanor traffic tickets, died July 5. His death has been ruled a homicide.
“A traffic violation should not equal a death sentence,” Crump said. “When you see that video you’re going to be as shocked as anybody who saw George Floyd’s video.”
During a press conference and prayer service at the Friendship Baptist Church in Kansas City, Missouri, Crump was joined by Adair’s mother, Ruby Smith, his sister, brother, other family members and local activists. They called for the Kansas Bureau of Investigation to release the video footage.
Nikki Richardson, a leader with criminal justice reform group Justice for Wyandotte, said the Wyandotte County Chief Judge should request a judge from another jurisdiction take over the case. She said the county court isn’t known for being fair to the Black community.
“The problem is in the house,” she said. “So we need someone from outside the county.”
Adair’s death was ruled a “mechanical asphyxiation” by the local coroner. It was due to a common police procedure called “prone restraint,” which was also used during the killing of Floyd in Minneapolis in 2020, leading to national outcry. The autopsy report said hypertensive cardiovascular disease and hepatic cirrhosis due to chronic alcoholism also contributed to his death.
Last Thursday, District Attorney Mark Dupree announced second-degree murder charges against Fatherley, although Dupree also offered an alternative charge of involuntary manslaughter.
Fatherley was issued a summons to appear in court, rather than being arrested, because he cooperated with authorities and was not a flight risk, Dupree said.
Adair’s family said they are angry that Fatherley was released, and alleged he got preferential treatment because he’s in law enforcement.
Adair, who had diabetes, was being treated in the jail infirmary for a wound on his left leg, which was going to be amputated, according to Harry Daniels, another attorney for the family. He was a slight man who was overpowered by the much-larger Fatherley as 10 officers stood by, Daniels said.
“You’ve got a man in a wheelchair with one leg who ends up dead from account of asphyxiation,” Daniels said.
The coroner’s report also said Adair had multiple rib fractures, a sternal fracture and muscle hemorrhage, or bruising, on the top of his back and shoulders.
Adair’s sister, Erica, and brother, Anthony, described their brother as a funny, gentle soul who always hosted family get-togethers on Sundays to watch the Kansas City Chiefs. The family can’t believe he was combative with guards, as a Kansas Bureau of Investigation report said, because Adair was mild mannered and quiet, said Anthony Adair.
“He was a good person. He was not a street thug. He was not a pimp. He was not a drug dealer,” Anthony Adair said. “He was common. Common people, just like you and me.”
