Family of Charles Adair asking for $25 million settlement after jail death
By Matt Flener
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KANSAS CITY, Kansas (KMBC) — The family of Charles Adair has asked Wyandotte County for a $25 million settlement after the death of the 50-year-old in the Wyandotte County Detention Center this summer.
The request is included in a notice of intent to file a lawsuit filed Monday by Adair’s family attorney Ben Crump.
The letter sent to the Unified Government of Wyandotte County claims excessive force by Wyandotte County deputy Richard Fatherley, bystanders’ liability, improper training and alleges Adair’s wrongful death.
“This proposal is founded on the substantial evidence indicating that Charles Adair met his demise due to the actions of individuals who were obligated to safeguard him, without any justification whatsoever,” the letter said.
On July 5, Adair died after Wyandotte County Deputy Richard Fatherley kept his knee on Adair’s back for nearly 90 seconds, court documents say.
Adair was arrested July 4 for traffic violations.
According to court documents, Adair received medical treatment for a wound on his leg. He entered the detention center with multiple health issues, including hypertension, diabetes and schizophrenia.
On Adair’s way back to his cell from his medical treatment, court documents say Adair began to argue with officers and yell.
Several deputies described Adair as incoherent.
Court documents detail what body camera video from inside the detention center shows, down to the second:
8:36:18 – Adair is taken out of his wheelchair and placed stomach down on the bunk in his cell with his hands cuffed in front of him and his knees on the ground. Adair can be heard yelling for help.
8:36:22 – Deputy Richard Fatherley places his left leg and knee on Adair’s lower back and his left hand on Adair’s left shoulder. Fatherley can be heard saying, “You’re done, stop, give me your hands.” Adair responds, “Okay.” Adair then works his handcuffed hands under his body up toward another deputy.
8:36:37 – Another deputy appears in the video to help take off Adair’s handcuffs.
8:36:46 – Adair is seen moving for the last time on the body camera video.
8:37:40 – An unnamed deputy removes the handcuffs from Adair. Fatherley continues to hold Adair down with his knee on Adair’s back as other deputies leave. Adair is not seen moving and he is still face down on the bed.
8:37:48 – Fatherley takes his knee off Adair’s back and leaves the cell.
This timeline shows Fatherley had his knee on Adair’s back for approximately 1 minute and 26 seconds.
Minutes later, two unnamed deputies and a nurse entered the cell to find Adair unresponsive.
Lifesaving measures were attempted and EMS was called, but Adair was pronounced dead at 9:19 p.m.
Fatherley is charged with second-degree murder, or in the alternative, involuntary manslaughter. However, Fatherley has not been arrested but summoned to court in November.
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