On Wednesday, October 22, 2025, The Heartlander reported that Wyandotte County District Attorney Mark Dupree is seeking to disqualify all 16 of the county’s district court judges from presiding over the case of Sheriff’s Deputy Richard Fatherley, a white jailer charged in connection with the death of Charles Adair, a black inmate. Fatherley faces charges of second-degree murder/reckless or, alternatively, involuntary manslaughter, following Adair’s death on July 5.

Dupree filed a “Motion for Change of Judge” on September 19, which was initially denied by the judge assigned to the case, Aaron Roberts. Dupree is now appealing to Chief Judge Robert Burns to disqualify all Wyandotte County district court judges.

The District Attorney’s motion argues that the judges’ reliance on the sheriff’s office for courthouse security creates a potential bias, or at least the appearance of bias, in favor of Fatherley. The motion emphasizes the considerable media attention the case has garnered, both locally and nationally, amplifying concerns about the appearance of bias, regardless of whether such bias actually exists.

The motion asserts that the close relationship between the Sheriff’s Department and the judges, due to the deputies providing courthouse security, creates a “psychological interest” in the case’s outcome. Dupree’s motion suggests that this relationship could exert “inexorable pressure” on the judges to rule in Fatherley’s favor to maintain a positive working relationship with the Sheriff’s Department.

However, The Heartlander points out that Dupree’s motion lacks concrete evidence of actual or perceived bias on the part of any of the judges and concedes that case law states that mere speculation is insufficient to justify disqualification.

Sources within the Wyandotte County courthouse, speaking on condition of anonymity, have described Dupree’s motion as “very, very rare” and “unprecedented,” particularly coming from a prosecutor. Typically, such motions are only relevant when a judge is a witness, victim, or party to a case. The source emphasized that to disqualify all judges in a county is highly unusual, requiring demonstrable bias or appearance of impropriety.

The courthouse authority also noted that Wyandotte County judges have routinely presided over cases involving sheriff’s deputies, police officers, firefighters, and even members of Dupree’s own family, without similar motions being filed.

James Spies, Fatherley’s attorney, echoed the sentiment, stating that he has never seen a motion seeking to disqualify the entire Wyandotte County Court. He added that it is unlikely the judges even know Fatherley, who has only been assigned to the jail for a year or less and has never been a court transport deputy.

Furthermore, The Heartlander highlights the apparent contradiction in Dupree’s strategy: seeking to disqualify local judges while retaining local jurors. Spies speculated that Dupree wants to avoid a change of venue because Wyandotte County is known to have a less favorable view towards law enforcement, which could benefit the prosecution in a case involving a white officer and a black victim.

The case stems from the death of Charles Adair, who died while being restrained by deputies. Records indicate Adair had several pre-existing medical conditions, including hypertensive cardiovascular disease, hepatic cirrhosis due to chronic alcoholism, diabetes, a pacemaker, blood clots, high cholesterol, and schizophrenia. The Heartlander also notes that KCUR, a Kansas City news outlet, has drawn comparisons between Adair’s death and the death of George Floyd, although the alleged similarities are factually inaccurate.

 

 

Source: The Heartlander