Are David And Kathleen Bagby Still Alive? The Legacy Of The Dear Zachary Parents
The story of David and Kathleen Bagby is one of the most heartbreaking yet influential narratives in the history of true crime and judicial reform. Following the release of the 2008 documentary Dear Zachary: A Letter to a Son About His Father, the world became intimately acquainted with the Bagbys' struggle against a failing legal system. For many who have recently discovered the documentary or the book Dance with the Devil, the immediate question is regarding the current status and well-being of these two resilient individuals.
As of late 2024, David and Kathleen Bagby are alive. They continue to reside in California, where they have lived for many years. While they have stepped back from the intense public spotlight that followed the peak of their legislative activism, they remain symbols of parental devotion and the fight for victims' rights. Their journey from grieving parents to national advocates in Canada and the United States has left an indelible mark on how bail laws are perceived and executed.
The Bagbys’ endurance is nothing short of miraculous given the psychological toll of their experiences. After losing their only son, Andrew, to a senseless act of violence, and subsequently losing their grandson, Zachary, to the same perpetrator, they channeled their "righteous rage" into a productive, albeit painful, pursuit of justice. Today, they are remembered not just for their loss, but for their incredible fortitude in the face of bureaucratic indifference.
The Background of a National Tragedy
To understand the current lives of David and Kathleen Bagby, one must revisit the events that thrust them into the public eye. In 2001, their son, Dr. Andrew Bagby, was murdered in Pennsylvania by his former girlfriend, Dr. Shirley Turner. Turner subsequently fled to Newfoundland, Canada, to avoid prosecution. Shortly after her arrival, she announced she was pregnant with Andrew’s child. This set the stage for a convoluted legal battle that would last nearly two years.
David and Kathleen Bagby moved from California to Newfoundland to be near their grandson, Zachary. They were forced to interact with the woman who murdered their son in order to have access to the child. The Canadian judicial system, at the time, allowed Turner to remain free on bail while her extradition to the United States was pending. Despite the Bagbys’ repeated warnings that Turner was a flight risk and a danger to herself and others, the courts maintained her freedom, citing her "presumption of innocence" and her role as a caregiver.
The tragedy reached its nadir in August 2003 when Shirley Turner, while out on bail, took infant Zachary and jumped into the Atlantic Ocean, killing both herself and the child. This systemic failure sparked international outrage and became the focal point of Kurt Kuenne’s documentary, Dear Zachary. The film, which was originally intended to be a private memorial for Andrew’s friends and family, transformed into a powerful piece of advocacy that forced a change in Canadian law.
Current Status: Where Are the Bagbys Now?
David and Kathleen Bagby eventually returned to their home in Sunnyvale, California. After the death of Zachary and the subsequent legal battles, they focused on healing and ensuring that no other family would have to endure the same fate. David Bagby authored the book Dance with the Devil, which provides a raw and unfiltered look at his internal state during the years they spent in Newfoundland. The book is often cited by experts as a seminal work on the psychology of grief and the failures of "the system."
In more recent years, the Bagbys have lived a relatively private life. They have appeared in various anniversary screenings and updates of Dear Zachary, providing audiences with a glimpse into their ongoing recovery. While they are now in their senior years, their commitment to the memory of Andrew and Zachary remains steadfast. They have often expressed that while "closure" is a myth, they have found a way to live with their grief by keeping the memories of their son and grandson alive through the Zachary Andrew Turner Foundation.
The Bagbys’ health and status are occasionally updated via the official Dear Zachary social media channels and Kurt Kuenne’s website. They remain deeply connected to the community of friends and supporters who were touched by their story. Their legacy is not just one of tragedy, but of the immense power of two individuals to move mountains and change national legislation through sheer willpower and love.
Kathleen Bagby - Movies, Bio and Lists on MUBI
The Fight for Zachary’s Law: A Legislative Legacy
One of the most significant reasons the Bagbys remain relevant in public discourse is their successful push for legislative change in Canada. Their advocacy led to the creation and passage of Bill C-464, commonly known as "Zachary’s Law." Before this law, Canadian judges had limited grounds to deny bail to individuals charged with serious crimes if they were also primary caregivers. The Bagbys argued that the safety of the child should always be the paramount concern.
Zachary’s Law amended the Criminal Code of Canada to allow courts to refuse bail to a person accused of a serious crime if their detention is necessary for the protection of a minor. This was a direct response to the judge’s decision to release Shirley Turner, which effectively allowed her the opportunity to commit the murder-suicide. The Bagbys’ tireless lobbying involved testifying before the Canadian Parliament and engaging in a massive letter-writing campaign.
The impact of Zachary's Law cannot be overstated. It shifted the judicial focus from the rights of the accused to the safety of the most vulnerable members of society. Legal experts often point to this case as a turning point in Canadian bail reform. For David and Kathleen, this law represents the only "justice" they could achieve—a way to ensure that Zachary’s name is associated with protection rather than just loss.
| Feature | Before Zachary's Law (Pre-2010) | After Zachary's Law (Post-2010) |
|---|---|---|
| Bail Priority | Focus on the rights of the accused and presumption of innocence. | Focus on public safety, specifically the safety of minors. |
| Judicial Discretion | Limited ability to deny bail based on "potential" future harm to specific individuals. | Explicit authority to deny bail if a minor's safety is at risk. |
| Parental Status | Often used as a justification for release (to care for the child). | Evaluated as a potential risk factor if the accused is a threat. |
| Extradition Context | Bail was common during long extradition processes. | Increased scrutiny and higher threshold for release in serious cases. |
Expert Insight: The Psychological Resilience of the Bagbys
From a psychological perspective, David and Kathleen Bagby represent a unique case study in resilience. In professional circles, their experience is often discussed as "complicated grief" exacerbated by systemic trauma. Unlike a standard loss, the Bagbys had to navigate a foreign legal system while being forced into proximity with their son's killer. This created a state of chronic stress that few people could survive, let alone emerge from as advocates.
David Bagby’s writing, particularly in Dance with the Devil, highlights the "vigilante" mindset that often accompanies a total lack of faith in the law. He has been remarkably honest about his thoughts of killing Shirley Turner to protect Zachary. This honesty has helped other victims of crime feel less alone in their anger. Kathleen, often described as the "rock" of the family, provided the emotional stability necessary to keep their mission on track.
The fact that they are still alive and functional today is a testament to their mutual support. Experts in victimology suggest that their shared mission—passing Zachary’s Law—served as a form of "altruistic healing." By focusing on the well-being of others, they were able to process their own trauma. Their story is now used in training for judges and social workers to illustrate the real-world consequences of judicial decisions on families.
How to Get Involved in Victims' Rights Advocacy
If you are moved by the story of David and Kathleen Bagby and wish to support similar causes, there are several avenues to explore. The Bagbys’ work has shown that individual voices can indeed spark national change. Below is a guide on how to engage with victims' rights and support the legacy of Andrew and Zachary Bagby.
- Support the Zachary Andrew Turner Foundation: This foundation was established to provide scholarships and support to organizations that benefit children and students, keeping Andrew and Zachary’s memories alive through education and opportunity.
- Advocate for Bail Reform: Research local and national bail laws. If you find gaps in the protection of minors or victims of domestic violence, contact your local representatives. Mention the Bagby case as a historical precedent for the dangers of lax bail conditions in serious crimes.
- Educational Screenings: Organise screenings of Dear Zachary in educational or legal settings. The film remains a vital tool for teaching empathy and the importance of thorough judicial review.
- Volunteer for Victims' Services: Many local organizations provide support for families navigating the court system. Volunteering your time or donating can help these families receive the guidance the Bagbys lacked during their time in Newfoundland.
- Stay Informed on Bill C-464: While the law is in place, staying informed about its application in Canadian courts ensures that the spirit of the law is maintained.
Frequently Asked Questions
1. Is Shirley Turner still alive?
No. Shirley Turner committed suicide on August 18, 2003, after jumping into the ocean with one-year-old Zachary Turner. Both died at the scene.
2. Where can I watch the documentary about the Bagbys?
Dear Zachary: A Letter to a Son About His Father is available on several streaming platforms, including Amazon Prime, YouTube (for rent or purchase), and sometimes on free platforms like Tubi or Pluto TV.
3. Did David Bagby ever face charges for his book?
No. While David Bagby was candid in Dance with the Devil about his desire to harm Shirley Turner to protect his grandson, he did not commit any illegal acts. His book is protected as a personal memoir and an expression of his experience.
4. What is the Zachary Andrew Turner Foundation?
It is a charitable organization founded by the Bagbys to honor the memory of their son and grandson. It primarily focuses on scholarships and supporting community programs that help children.
5. Are there any other books about this case?
While Dance with the Devil is the most direct account from the family, many true crime anthologies and legal textbooks discuss the Bagby case and its impact on Canadian bail law.
6. Do the Bagbys still give interviews?
The Bagbys rarely give interviews now, preferring to live a quiet life. However, they occasionally provide statements or participate in projects led by Kurt Kuenne, the director of Dear Zachary.
The story of David and Kathleen Bagby is a profound reminder of the impact of the human spirit. While they have faced unimaginable loss, they remain a beacon of hope for those seeking justice in a flawed world. Their continued presence among us is a living legacy of the love they held for Andrew and Zachary.
Take action today by supporting victims' rights organizations in your area. Your voice, like the Bagbys', can be the catalyst for the next life-saving legislative change.
