Kate And David Bagby: Where Are The Parents From "Dear Zachary" Today?

The heartbreaking story of Andrew Bagby and his infant son, Zachary, remains one of the most poignant and devastating accounts in the history of true crime and judicial advocacy. At the center of this tragedy were Kate and David Bagby, Andrew’s devoted parents, who were thrust into an unimaginable nightmare of grief, legal battles, and systemic failure. Following the release of the critically acclaimed 2008 documentary Dear Zachary: A Letter to a Son About His Father, millions of viewers worldwide were deeply moved by the couple's resilience and determination.

Decades after the tragic chain of events unfolded across the United States and Canada, many who watch the documentary or follow true crime advocacy still wonder about the current status of these brave parents. Understanding where Kate and David Bagby are today requires looking not only at their current lives but also at the monumental legal legacy they built out of their profound personal grief.

The Tragic Background: Who Are Kate and David Bagby?

To understand the current lives of Kate and David Bagby, one must first trace the journey that brought them into the public eye. Their only child, Dr. Andrew Bagby, was a charming and dedicated medical resident practicing in Pennsylvania. In November 2001, Andrew was shot and killed in a state park. The prime suspect was his former girlfriend, Dr. Shirley Turner, a volatile woman who immediately fled across the border to her native Newfoundland, Canada, to avoid arrest by American authorities.

Shortly after arriving in Canada, Turner announced she was pregnant with Andrew’s child. In July 2002, she gave birth to Zachary Andrew Turner. Stricken with grief but determined to protect their son’s legacy, David and Kate Bagby uprooted their entire lives. They sold their possessions, moved from Sunnyvale, California, to St. John’s, Newfoundland, and entered a grueling legal arena to fight for custody of their newborn grandson while trying to secure Turner's extradition to the United States.

What followed was a catastrophic failure of the Canadian justice system. Despite facing first-degree murder charges in the United States, Shirley Turner was repeatedly granted bail by a Canadian judge. The Bagbys were forced into the agonizing position of having to maintain civil relations with their son's suspected killer just to secure court-ordered visitation rights with baby Zachary. This tense and fragile arrangement ended in the ultimate tragedy on August 18, 2003, when Turner, while free on bail, took infant Zachary and jumped into the freezing waters of the Atlantic Ocean in a murder-suicide.

Are Kate and David Bagby Still Alive? Current Status and Where They Are Now

Yes, Kate and David Bagby are still alive. As of 2024, the couple continues to reside in California, having returned to their home state after the agonizing events in Newfoundland concluded. Now in their late seventies and early eighties, they have stepped back from active public campaigning and media appearances, choosing instead to live a quiet, private life together.

Following the twin losses of their son and grandson, many wondered how the Bagbys could survive such absolute heartbreak. David Bagby channeled his initial grief, rage, and frustration with the Canadian legal system into writing. In 2007, he published Dance with the Devil: A Memoir of Murder and Loss. The book serves as both a devastating personal account of their ordeal and a sharp critique of the judicial loopholes that allowed Shirley Turner to remain free. The book’s publication, combined with the subsequent release of the documentary Dear Zachary, cemented their roles as prominent advocates for victim rights.

Despite the heavy toll of their public advocacy, Kate and David remain united. Their enduring marriage has often been cited by supporters and family counselors as an extraordinary testament to mutual love and support, given that many couples who experience the loss of a child ultimately separate under the weight of shared grief. Today, they live quietly, supported by a close-knit circle of friends, family, and the global community of people moved by their story.

The Legal Legacy: How the Bagbys Changed Canadian Bail Laws

The Bagbys refused to let the deaths of Andrew and Zachary be in vain. Instead of retreating into silent mourning, they launched a relentless campaign to reform Canada’s bail laws, which they rightly argued favored the rights of accused criminals over the safety of innocent children. Their advocacy targeted the systemic oversight that allowed a flight-risk murder suspect to retain custody of an infant child.

Their efforts culminated in a historic legislative victory. In December 2013, the Parliament of Canada officially passed Bill C-489, commonly known as Zachary’s Bill. This federal law amended the Criminal Code of Canada to allow courts to deny bail to accused individuals if doing so is necessary to protect their children or other vulnerable family members. It also gave judges the authority to implement strict non-communication orders between accused individuals and their children during the bail phase.

Legal Era Bail Rights for Accused Parents Social Services & Court Communication Child Safety Priority Pre-2003 (The Zachary Turner Case) Highly lenient; assumed custody rights remained intact despite pending homicide charges. Siloed departments; minimal sharing of forensic psychiatric evaluations with welfare agencies. Subservient to the Charter rights of the accused parent. Post-2013 (After Zachary's Bill / Bill C-489) Courts can deny bail or restrict access to children if custody poses a physical or psychological threat. Integrated communication mandated between family courts, child welfare services, and criminal courts. Elevated to a primary consideration in bail hearings involving domestic violence or homicide charges.

Analysis: The Systemic Failures of the Family Justice System in 2003

The tragedy of Andrew and Zachary Bagby was not just a crime of passion; it was a systemic failure of multiple institutional safeguards. An independent investigation launched after the deaths, led by the Office of the Child and Youth Advocate of Newfoundland and Labrador, revealed that the Department of Child, Youth and Family Services (CYFS) had failed to adequately assess the danger Shirley Turner posed to Zachary.

Social workers involved in the case routinely assessed Turner’s parenting abilities based on her supervised visits, failing to analyze her psychological profile. Because she was a medical doctor and acted cordially during supervised sessions, social welfare authorities mistakenly believed she posed no physical threat to her child. They failed to understand that Turner's obsession was not with parenting Zachary, but with controlling the legacy of Andrew Bagby.

Furthermore, the judicial system operated under a rigid separation of criminal law and family law. The bail court judge, Justice Gail Welsh, ruled that Turner did not pose a threat to the general public, overlooking the specific threat she posed to her own child as an act of ultimate retaliation. This judicial blind spot is what David and Kate Bagby dedicated their lives to correcting, showing that domestic abusers and murderers frequently target their own family members rather than the general public.

How to Support Child Advocacy and Legal Reform Today

While Kate and David Bagby have retired from the public eye, their mission to protect children from domestic violence and judicial neglect continues through various global organizations. Citizens who wish to honor the memory of Andrew and Zachary can take active steps to support child welfare reform.

Support Court Appointed Special Advocates (CASA): Volunteer or donate to CASA, an organization that provides trained community advocates to speak for the best interests of abused and neglected children in family courts. Advocate for Domestic Violence Legislation: Keep pressure on local and national representatives to support laws that restrict child custody and visitation rights for individuals facing domestic violence or violent felony charges. Promote Mental Health and Abuse Awareness: Educational campaigns centered around recognizing the warning signs of obsessive behavior, stalking, and borderline personality traits in failing relationships can help prevent domestic escalations before they turn tragic.

Frequently Asked Questions

What was the main cause of death for Zachary Turner?

Zachary Turner died of drowning on August 18, 2003, after his mother, Shirley Turner, administered a lethal dose of Lorazepam (a sedative) to him and jumped with him into the Atlantic Ocean at Foxtrap Marina in Newfoundland, Canada.

Did the judge who released Shirley Turner face any consequences?

Justice Gail Welsh, the judge who made the decision to release Shirley Turner on bail prior to the murder-suicide, faced intense public scrutiny and criticism from both the public and legal scholars. While she was not legally prosecuted or dismissed from her judicial position, the case severely impacted her public legacy and sparked systemic reviews of Canadian bail hearings.

Is the documentary "Dear Zachary" still available to watch?

Yes, Dear Zachary: A Letter to a Son About His Father, directed by Kurt Kuenne, is widely available on various streaming platforms, including Prime Video, Tubi, and YouTube. It remains highly regarded as one of the most emotionally impactful and legally influential documentaries ever produced.

Did David and Kate Bagby win custody of Zachary before his death?

No. Despite their relentless legal efforts, the Canadian family court system granted joint custody and visitation rights to Shirley Turner. The Bagbys were forced to share custody and visitation with Turner, which ultimately allowed her the unsupervised window of opportunity to carry out the murder-suicide.

If you are moved by the resilience of Kate and David Bagby and want to help ensure that vulnerable children are protected within the legal system, consider donating to the Dr. Andrew Bagby Memorial Scholarship fund or volunteering with a local child advocacy center. By staying informed and supporting victim rights legislation, we keep the memories of Andrew and Zachary alive and ensure that such systemic failures are never repeated.