Are Kate And David Bagby Still Alive? The Legacy Of The "Dear Zachary" Parents
The heartbreaking story of the Bagby family remains one of the most poignant and devastating accounts in the history of true crime and judicial advocacy. Following the release of Kurt Kuenne’s landmark 2008 documentary, Dear Zachary: A Letter to a Son About His Father, millions of viewers worldwide were introduced to the profound grief, resilience, and determination of David and Kathleen (Kate) Bagby. Over two decades after the tragic losses that redefined their lives, many people who watch the documentary today are left asking a crucial question: Are Kate and David Bagby still alive, and where are they now?
Both David and Kate Bagby are still alive. After years of intense legal battles, public advocacy, and processing unimaginable grief, they have stepped back from the public eye to live a quiet life in California. Now in their late 70s, they continue to honor the memory of their son, Dr. Andrew Bagby, and their grandson, Zachary Turner. Their journey from grieving parents to fierce legal reformers has left an indelible mark on the Canadian justice system and continues to inspire victim advocates globally.
To understand their current lives, one must look at the immense weight of the legacy they carry. The Bagbys did not merely survive a double family tragedy; they channeled their pain into changing international laws, ensuring that no other grandparents would have to endure the systemic failures they experienced.
The Tragic Backstory: Andrew Bagby, Shirley Turner, and the Loss of Baby Zachary
The nightmare for David and Kate Bagby began in November 2001, when their only child, 28-year-old medical resident Dr. Andrew Bagby, was found shot dead in a state park in Pennsylvania. The prime suspect was his former girlfriend, Dr. Shirley Turner, a twice-divorced mother of three who was significantly older than Andrew and exhibited increasingly obsessive behavior. Shortly after the murder, Turner fled across the border to Newfoundland, Canada, escaping immediate arrest by U.S. authorities.
Shortly after arriving in Canada, Turner announced she was pregnant with Andrew’s child. David and Kate Bagby immediately packed up their lives in Sunnyvale, California, and relocated to St. John's, Newfoundland. Their goal was twofold: to see Turner extradited to the United States to face trial for their son's murder, and to secure custody of their unborn grandchild. Zachary Turner was born in July 2002, and for a brief period, he became a beacon of hope and a living connection to their late son.
However, the Canadian legal system failed the Bagbys catastrophically. Despite being accused of first-degree murder, Shirley Turner was released on bail by a provincial judge who deemed her "not a danger to the public at large." This judicial oversight allowed Turner unsupervised access to baby Zachary. On August 18, 2003, while out on bail and awaiting her final extradition hearing, Turner took 13-month-old Zachary, drove to a wharf in Conception Bay South, and jumped into the freezing Atlantic Ocean, drowning them both in a tragic murder-suicide.
Legislative Triumph: "Zachary’s Bill" and Canadian Bail Reform
Following the unthinkable loss of their grandson, David and Kate Bagby refused to let Zachary's death be in vain. They directed their anger at the Canadian bail system, which had prioritised the rights of an accused murderer over the safety of an innocent child. David Bagby detailed this harrowing journey in his best-selling 2007 book, Dance with the Devil: A Memoir of Murder and Loss.
The Bagbys launched a massive public campaign for legal reform, demanding that individuals accused of serious violent crimes be denied bail if they pose a potential threat to their dependents. Their relentless lobbying led to the creation of Bill C-489, colloquially known as Zachary’s Bill. Passed unanimously by the Parliament of Canada in December 2010, the bill amended the Criminal Code of Canada to allow courts to deny bail to accused criminals if it is deemed necessary for the protection of children under their care.
Canadian Bail Law Comparison: Before and After Zachary’s Bill
| Legal Parameter | Before Zachary’s Bill (Pre-2010) | After Zachary’s Bill (Post-2010) |
|---|---|---|
| Primary Judicial Focus | Focus was heavily weighted on the accused's right to liberty before trial. | Added strict statutory focus on the safety of the accused's minor dependents. |
| Bail for Violent Accused | Accused murderers could easily obtain bail if they were not deemed a general public flight risk. | Judges must explicitly consider child safety when deciding on bail for violent offenders. |
| Judicial Discretion | High level of unchecked discretion regarding child welfare in bail hearings. | Standardized legal framework prioritising child protection over absolute liberty for accused violent offenders. |
| Extradition Bail Procedures | Lax enforcement of preventative detention for foreign fugitives awaiting extradition. | Tightened scrutiny on foreign fugitives who pose risks to minor dependents within Canadian borders. |
collection - Kate Bagby
Analysis: The Impact and Legacy of the Bagbys’ Advocacy
The transformation of David and Kate Bagby from private citizens into international advocates is a powerful study in grassroots legal reform. The "Dear Zachary" documentary, directed by Andrew’s close friend Kurt Kuenne, served as a catalyst for this movement. What began as a private home movie to show baby Zachary who his father was became a public indictment of the Canadian legal system.
Pros and Cons of the Post-Zachary Legal Landscape
Pros:
- Enhanced Child Safety: Minor dependents of individuals accused of violent crimes now receive direct protection under the Canadian Criminal Code.
- Victim Advocacy Awareness: The Bagbys’ work brought global attention to the emotional and logistical hurdles faced by victims' families in custody battles.
- Judicial Accountability: Judges are now legally obligated to document their reasoning regarding child safety when granting bail to violent suspects.
Cons:
- Inherent Systemic Delays: Despite legislative changes, the extradition process between the U.S. and Canada remains slow and highly bureaucratic.
- Unresolved Legal Loopholes: Family court systems and criminal court systems still occasionally operate in silos, leading to communication gaps during active custody disputes.
How to Support Child Welfare and Victim Rights Today
For those deeply moved by the story of Andrew and Zachary, there are practical steps individuals can take to support the causes David and Kate Bagby championed.
- Support Child Advocacy Centers (CACs): Donate to or volunteer with local CACs, which provide a coordinated, child-friendly response to children who have experienced abuse or are caught in high-risk custody situations.
- Advocate for Legal Reform: Keep track of local bail and custody laws. Contact local representatives to voice support for legislation that prioritizes the physical safety of children in custodial disputes involving violent offenders.
- Contribute to Memorial Funds: The Andrew Bagby and Zachary Andrew Turner Foundation supports scholarships, children's clinics, and community initiatives. Contributing directly to these funds ensures their legacy continues to do active good in the world.
Frequently Asked Questions
Are David and Kate Bagby still married?
Yes, David and Kate Bagby remain married. They have stayed together throughout the decades, supporting each other through the murders of their son and grandson, their subsequent legal battles, and their quiet retirement.
Where do David and Kate Bagby live now?
After spending several years in Canada fighting for custody and legislative reform, the Bagbys returned to their home state of California, where they currently live a private life away from media attention.
Did the judge who released Shirley Turner ever face consequences?
Judge Paul Leneghan, who made the decision to release Shirley Turner on bail, faced intense public scrutiny and criticism, particularly following the publication of the "Turner Inquiry" report. The report concluded that the double tragedy was preventable, but no direct disciplinary actions or criminal charges were filed against the members of the judiciary involved.
Can I still donate to the Andrew and Zachary Memorial Funds?
Yes. The Bagby family established several charitable funds, including the Andrew Bagby Scholarship Fund at the heritable institutions Andrew attended, as well as the Zachary Turner Memorial Fund, which supports various children's charities and libraries.
Continuing the Fight for Child Protection
The story of Kate and David Bagby is a reminder that even in the face of absolute tragedy, change is possible. While they no longer actively campaign or give public interviews, their legacy is preserved in every child protected under Zachary’s Bill. If you wish to honor Andrew and Zachary's memory, consider supporting your local child welfare organizations or advocating for systemic reforms in the family court systems. By staying informed and active, we can help ensure that the tragic failures of the past are never repeated.
