The family of Charles Adair is still calling for law enforcement to publicly release the footage of his final minutes in the Wyandotte County jail after a judge dismissed the criminal case Thursday against the sheriff's deputy charged in Adair's death.
The 50-year-old father of three died on July 5, 2025, after Wyandotte County Sheriff's Deputy Richard Fatherley knelt on his back for one minute and 26 seconds, according to police documents.
Fatherley was charged with second-degree murder and, in the alternative, involuntary manslaughter..
District Attorney Mark Dupree announced Thursday that a Wyandotte County Court judge dropped all charges against Fatherley and said he was not happy with the ruling.
"We respect the law, but disagree with the decision," Dupree said in a statement. "As such, the Wyandotte County District Attorney's Office has filed a notice to appeal with the Kansas Court of Appeals."
The judge ruled the state did not submit substantial probable cause to move the criminal case to trial, according to the Kansas City Star. James Spies, the attorney representing Fatherley, told KCUR his client is "relieved and grateful" and they will defend an appeal.
Spies said the state provided evidence during the preliminary hearing that the Kansas Bureau of Investigation concluded a crime did not occur, and recommended to the district attorney's office that no criminal charges be filed.
"The district attorney's office was asking the judge to substitute his judgment for that of the KBI, and the judge found that probable cause did not exist, so naturally we're relieved that that's the decision he made," Spies said.
Fatherly still faces a federal wrongful death lawsuit filed by Adair's family.
The family filed the lawsuit against Sheriff Daniel Soptic and five other deputies. It also names the Unified Government of Wyandotte County and Kansas City, Kansas, claiming Adair's constitutional rights were ignored.
Civil rights attorneys Ben Crump, co-counsel Harry Daniels and Sue-Ann Robinson, who represent Adair's family, thanked Dupree's office for standing with them by bringing the criminal case and taking it to the Kansas Court of Appeals.
The legal team said in a statement that the county coroner ruled the death a homicide by mechanical asphyxiation, and "that record stands."
"This ruling addressed what the state established at a preliminary hearing. It did not close this case," the legal team said.
The group said its fight for Adair isn't over, that the appeal and the family's lawsuit is moving forward. They said they will continue to demand body camera footage showing the moments leading up to Adair's death.
Adair's family viewed that footage for the first time in May and called it "devastating to watch" but something they needed to see.
Another lawyer representing the family said Adair was handcuffed, face down and compliant when the deputy knelt on his back and cut off his ability to breathe. He was in jail on misdemeanor traffic warrants.
"This family has seen what happened in that cell. More than a year later, the public still has not (seen bodycam footage), and the public has every right to," the legal team said. "We are not going to stop asking for it."
The initial release from KBI alleged Adair yelled, refused to listen to commands and physically resisted when detention center personnel tried to transfer him back to his cell.
The Wyandotte County Sheriff's office had no comment in response to the judge's ruling and whether Fatherley will be permitted to return to work. It has not yet commented on whether it will publicly release the body camera footage.
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