“I Can’t Breathe” echoes again: Kansas black man killed in custody

Richard Fatherley, a white deputy sheriff in Wyandotte County, Kansas City, Kansas, has been charged with the murder of Charles Adair, a Black man who had been arrested the day before. Fatherley pressed his knee on Adair’s neck for 86 seconds, causing his death.

According to the Associated Press, the incident occurred after Adair was taken back to his cell from the infirmary, where he had been transported in a wheelchair for treatment of an injured leg. While Adair’s hands were handcuffed, Fatherley pinned him face down with his knee on his neck, killing him.

Last month, Fatherley was charged with second-degree murder and, in the alternative, with manslaughter in connection with Adair’s death on July 5 at the Wyandotte County Jail.

Adair had been arrested the day before for failing to appear in court over multiple traffic violations.

Ben Crump, the family’s attorney, said in a statement on Friday: “New testimony confirms that Charles Adair, with a severely injured leg and handcuffed hands, was lying face down when the deputy pressed his knee into his back, causing his death. Adair posed no threat to him.”

Fatherley has been issued a summons to appear in court next month. He is not currently in custody, and his lawyer claims he acted reasonably and will fight for his acquittal.

Sheriff’s office staff described Adair as unstable, claiming that an infection in his leg had affected his brain.

A Kansas Bureau of Investigation agent stated in testimony that Adair’s leg was in such poor condition it likely needed amputation and that the severity of the infection warranted immediate hospitalization.

At the same time, some sheriff’s office employees reported hearing Adair cry out for help during the incident.

Medical reports revealed that Adair was suffering from a bone infection often linked to diabetes. Newly released documents also showed that medical screening had diagnosed him with schizophrenia.

The autopsy ruled his death a homicide, citing complications of “mechanical asphyxia,” a condition where breathing is obstructed.

The Wyandotte Sheriff’s Office has denied media requests to release the video of the incident. Only the family’s lawyer, Ben Crump, and one other attorney have been permitted to view it, and both are calling for its public release.

The two attorneys also questioned why Fatherley remains free. At a press conference last week, Crump stressed: “Driving violations because of the color of your skin should never amount to a death sentence.”

Fatherley’s attorney argued last month that Adair’s death was a tragic accident, not the result of Fatherley’s actions.

Court records were made public this week after requests from the Associated Press and other news outlets.

The use of the knee-on-neck technique by U.S. police has faced intense criticism since the killing of George Floyd, an African American man, by a Minneapolis officer in May 2020. Yet, deadly tragedies resulting from this technique continue to occur across the United States.