Deputy Allegedly Knelt on Back of Handcuffed Inmate for 86 Seconds Prior to Asphyxiation Death: Affidavit By Chris Spargo

Video shows the final moments of a Kansas jail inmate who died while in custody.

Charles Adair, 50, passed away on July 5 at the Wyandotte County Detention Center in Kansas City.

Richard Fatherly, a deputy on duty that day who was allegedly seen placing his knee on Adair’s back for 86 seconds, has since been charged with second-degree murder after an autopsy identified the victim’s cause of death as “complications of mechanical asphyxia” and his manner of death as homicide.

That arrest followed the Kansas Bureau of Investigation’s probe into the inmate’s death, which is detailed in an affidavit and statement of facts filed in Wyandotte District Court and obtained by PEOPLE.

The affidavit said that Adair turned himself in on July 4, first telling security staff at a local casino that there were warrants for his arrest.

According to the affidavit, the guards contacted the Kansas City, Kan., Police Department. Officers arrived, confirmed there were active warrants for Adair, and attempted to book him into the Wyandotte County Sheriff’s Office. But authorities noticed “a large infected wound on Adair’s left leg,” so officers took him to a nearby medical center. After he was medically cleared for incarceration, they returned him to the detention center.

There were no issues reported during Adair’s first day in custody, but on his second day, he refused to leave his cell, and then when he did, he allegedly started “yelling profanities,” according to the affidavit.

Deputies quickly ordered that all the inmates be placed in lockdown, but Adair allegedly refused and “got out of his wheelchair and sat on the floor,” the affidavit said.

Once back in his wheelchair, Adair allegedly exposed himself and at one point “swings his arms, almost hitting a deputy.”

At that point, Adair was placed in handcuffs and taken to his cell, where he allegedly tried to stand up “as if to strike a deputy,” according to the affidavit.

At that point, he was thrown on the bottom bunk bed while still wearing handcuffs, the affidavit said. Adair can be heard yelling “help” at this point in the video, according to the affidavit.

Then, at 8:36:22 p.m., video shows the man identified as Deputy Richard Fatherly walk in and place a knee on Adair’s back and say: “You’re done, stop, give me your hands.”

The surveillance footage from inside the detention center then shows Fatherly allegedly holding his knee on Adair’s back for 86 seconds, as a second deputy appears to hold down Adair’s arms while another holds down his legs.

Fatherly is then seen removing the knee at 8:37:48 p.m.

Adair remained in handcuffs for about 78 of those 86 seconds, according to the affidavit, which states that Fatherly removed them even as he continued to kneel on Adair’s back.

A nurse was then sent to examine Adair, but she didn’t feel a pulse and noted he was in the same position as he was when Fatherly left the cell, according to the affidavit.

Deputies then attempted to perform life-saving measures on Adair while waiting for emergency personnel, according to the affidavit. He was pronounced dead at 9:19 p.m.

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The Wyandotte County Sheriff’s Office has not released the video showing Adair’s final moments to the public.

The affidavit notes that Adair turned himself in on misdemeanor traffic warrants. During his medical screening, he reported having a pacemaker and a history of blood clots in his left arm, as well as hyperlipidemia (high cholesterol), hypertension, diabetes and schizophrenia.

Fatherly has not yet been arraigned or booked into custody, and instead received a summons requiring him to appear in court next month.

His attorney, James Spies, tells PEOPLE that Adair’s death was a “tragic accident.”

Benjamin Crump, who is representing Adair’s family, said in a statement: “We will continue advocating for Charles Adair, and his family, demanding full transparency and accountability. Those responsible must be held accountable, and justice must be served.”