Are David And Kathleen Bagby Alive? The Current Status And Legacy Of The "Dear Zachary" Family
The story of David and Kathleen Bagby is one of the most heartbreaking yet profoundly influential narratives in the realm of true crime and judicial reform. Following the release of the 2008 documentary Dear Zachary: A Letter to a Son About His Father, the couple became international symbols of parental love and tireless advocacy. For many who have recently discovered their story through streaming platforms, the question remains: Are David and Kathleen Bagby alive today, and what have they been doing since the cameras stopped rolling?
As of 2024, David and Kathleen Bagby are alive and residing in California. While they have largely retreated from the intense public spotlight that followed the documentary and the publication of David’s book, Dance with the Devil, their influence on Canadian law and the true crime community remains as potent as ever. They have spent the last two decades transforming their unimaginable grief into a legislative force that has fundamentally changed how the legal system treats individuals accused of violent crimes during custody disputes.
Understanding the Bagbys requires looking back at the tragedy that defined their lives. In 2001, their son, Andrew Bagby, was murdered in Pennsylvania. The prime suspect, Shirley Turner, fled to Newfoundland, Canada, where she revealed she was pregnant with Andrew's child. David and Kathleen moved from California to Canada to be near their grandson, Zachary, while fighting a grueling legal battle to keep him safe from a woman they believed was a cold-blooded killer. Their fears were tragically realized in 2003 when Turner, while out on bail, murdered infant Zachary in a murder-suicide.
The Advocacy and Legal Impact of the Bagby Family
The Bagbys did not allow the loss of their son and grandson to result only in silence. Instead, they channeled their anger and sorrow into a campaign for bail reform in Canada. Before their intervention, the Canadian legal system was heavily criticized for its lenient bail conditions, which allowed Shirley Turner to remain free despite facing first-degree murder charges in the United States. David and Kathleen argued that the system failed to prioritize the safety of the most vulnerable—in this case, a child.
Their efforts culminated in the passage of Bill C-464, also known as "Zachary’s Bill." This legislation amended the Criminal Code of Canada to allow courts to refuse bail to individuals accused of serious crimes if it is deemed necessary for the protection of a minor. This was a monumental shift in legal philosophy, moving the needle from an almost exclusive focus on the rights of the accused to a more balanced approach that considers the safety of children caught in the crossfire of criminal proceedings.
Experts in Canadian law often point to the Bagbys as a rare example of how private citizens can effect major legislative change. Through their public speaking engagements and David's raw, unfiltered memoir, they forced a national conversation about judicial accountability. Their work ensured that the loopholes that allowed Shirley Turner to walk free while awaiting extradition were closed, potentially saving countless lives in the years since.
Where Are David and Kathleen Bagby Now?
After the whirlwind of the documentary's release and the successful passage of Zachary’s Bill, the Bagbys chose to return to a quieter life in Sunnyvale, California. While they occasionally participate in memorial events or interviews for true crime retrospectives, they have focused on their own healing and maintaining the memory of Andrew and Zachary. They remain a married couple, their bond forged even stronger by the shared trials they endured in the Canadian court system.
In their later years, David and Kathleen have been described by those close to them as resilient and dignified. They have moved away from the active, day-to-day lobbying that defined their lives in the mid-2000s, but they still respond to the thousands of letters and messages they receive from people moved by their story. For the Bagbys, the "Dear Zachary" project was never about fame; it was about ensuring that Zachary would know who his father was, and subsequently, ensuring no other grandparent would have to experience their specific brand of nightmare.
The Bagbys’ current status is a testament to the human spirit's ability to survive the unsurvivable. They continue to be active in their local community, though they avoid the "celebrity" status often thrust upon figures in the true crime genre. Their focus remains on the "Andrew Bagby and Zachary Turner Memorial Fund," which supports various charitable causes, including a park in Newfoundland and scholarships at medical schools, reflecting Andrew’s career as a physician.
Kathleen Bagby - Movies, Bio and Lists on MUBI
Comparing the Legal Landscape: Before and After Zachary’s Bill
The impact of the Bagbys’ work is best understood through a direct comparison of how the Canadian justice system operated before their advocacy and how it operates now. The following table outlines the key shifts in bail considerations and child safety protocols.
| Feature | Pre-Zachary’s Bill (C-464) | Post-Zachary’s Bill (C-464) |
|---|---|---|
| Primary Focus | Protection of the accused's right to liberty. | Balanced focus on liberty and public/child safety. |
| Bail for Violent Accused | Often granted unless a flight risk was proven. | Can be denied specifically to protect children. |
| Judicial Discretion | Limited specific mandates for child safety. | Clear mandate to consider safety of dependents. |
| Extradition Context | Suspects often remained free during appeals. | Heightened scrutiny on safety during extradition. |
| Parental Rights | Accused parents often maintained access/custody. | Access can be revoked based on criminal charges. |
This shift represents a fundamental change in the "spirit" of the law. While the Canadian Charter of Rights and Freedoms still protects the presumption of innocence, Zachary’s Bill introduced a common-sense safety valve. It acknowledges that when a person is accused of a violent crime against a family member, the risk to other family members—specifically children—is too great to ignore in favor of standard bail procedures.
Analysis: The Pros and Cons of the Bagbys' Public Pursuit of Justice
The Bagbys' decision to participate in the documentary Dear Zachary and to speak so candidly about their desire for "eye-for-an-eye" justice was controversial to some, but therapeutic to many. Analyzing their approach provides insight into the intersection of grief and activism.
Pros of their Approach:
- Legislative Speed: Their public profile accelerated the passage of Bill C-464, which might have otherwise taken decades to move through Parliament.
- Humanizing the Victim: Andrew Bagby was more than a statistic; the documentary ensured he was remembered as a vibrant, loved doctor and friend.
- Global Awareness: The case highlighted flaws in international extradition and bail laws that were previously overlooked by the general public.
Cons/Challenges of their Approach:
- Reliving Trauma: The Bagbys had to recount their most painful moments repeatedly in the press and in court, which takes a massive psychological toll.
- Controversial Rhetoric: David Bagby’s book, Dance with the Devil, was noted for its extreme honesty regarding his anger toward Shirley Turner and the judges, which some legal purists found uncomfortable.
- Privacy Loss: By becoming the faces of a movement, they surrendered their ability to mourn in private for many years.
How to Support the Bagby Family Legacy
For those moved by the story of Andrew and Zachary, there are several ways to honor the family’s legacy without intruding on David and Kathleen's current private lives.
- Donate to the Memorial Fund: The Andrew Bagby and Zachary Andrew Turner Memorial Fund supports medical students and local parks.
- Advocate for Child Safety: Support local and national organizations that provide legal advocacy for children in high-conflict custody cases.
- Watch and Share "Dear Zachary": Continuing to share the documentary ensures that the lessons learned from the case are not forgotten by new generations.
- Support Bail Reform Research: Stay informed about how bail laws in your own jurisdiction handle cases involving domestic violence and child safety.
Frequently Asked Questions
Did Shirley Turner ever face trial for Andrew's murder?
No. Shirley Turner was in the process of being extradited to the United States to face trial for the murder of Andrew Bagby when she committed the murder-suicide that took her life and the life of Zachary Turner.
Where is the memorial for Andrew and Zachary?
There is a beautiful memorial park called "Zachary’s Haven" located in Conception Bay South, Newfoundland, Canada. It serves as a playground and a place of peace, reflecting the childhood Zachary never got to have.
Is David Bagby’s book still in print?
Yes, Dance with the Devil: A Memoir of Murder and Loss is still available. It provides a much more detailed and visceral look at the legal frustrations the family faced than the documentary could convey.
Are there any recent updates on their health?
While the family keeps their medical information private, recent reports from friends of the family and film director Kurt Kuenne indicate that they are doing as well as can be expected and continue to enjoy their retirement in California.
What happened to the judge who released Shirley Turner?
The judge, Gail Welsh, faced immense public scrutiny and criticism. While she was not removed from the bench, the backlash to her decision was a primary catalyst for the reform of the Canadian bail system.
Honoring a Story of Unmatched Courage
The story of David and Kathleen Bagby is a reminder that even in the face of the darkest human impulses, there is room for light, change, and enduring love. They are alive, they are well, and their work continues to protect children they will never meet. Their journey from grieving parents to national reformers is a blueprint for how to turn pain into purpose.
If you are a filmmaker, a student of the law, or simply someone touched by their resilience, the best way to honor them is to remain vigilant about the safety of children and the integrity of the justice system. The Bagbys have done their part; the rest is up to us.
