The 2008 film by Kurt Kuenne is about how his close friend Andrew Bagby was murdered by his ex-girlfriend Shirley Jane Turner. . DNA testing proved he was Andrew Bagbys son. The next day, she got in her car with her gun.. Andrew was David and Kate Bagbys only child. The private members bill was introduced by MP Scott Andrews of Newfoundland last fall after he saw Dear Zachary at a March 2009 screening in Ottawa and decided to do something about what he saw. Hence, we are not nearly as active as before in the media/political arena. He didnt know what to make of it then. I was at work and the receptionist said, You have a call from the Sunnyvale police,' says Kate, then a nurse practitioner in obstetrics and gynecology at Santa Clara Valley Medical Center. Easy duty.. The suicide, he says, confirmed what he never wanted to believe that his mother was a murderer. Most recently as of March 17, 2010, the Bagbys along with Labrador Liberal MP Scott Andrews and representatives from the Canadian Resource Center for Victims of Crime addressed the commons Justice committee in Ottawa introducing the Bill C-464. The two eventually lived together again. Zachary was learning some words well, words he understood that Kate and David were sure they understood, too. Read More . Kate and David Bagby traveled to Ottawa last week to speak as witnesses for the bill before the House's Standing Committee on Justice & Human Rights. Is there a case that is particularly emotional for you. 284 Wellington Street The public declaration all but removed the Bagbys doubts. Shortly after, the unstable socio-path Shirley Turner commits suicide murdering her son Zachary on August 18, 2003 after poisoning the infant and then plunging into the Atlantic Ocean with the baby strapped to her chest. Some changes, including increased spending and a review of social worker training, have been made to the child protection system since the tragedy. For those who've asked how Kate & David Bagby are doing now, here's a lovely article from Diane Crocker at Newfoundland's The Western Star. The lawyer for Bagby's parents - the grandparents of the dead boy - says the family is not commenting. Food has always been a go-to for people in mourning. Your email address will not be published. David Bagby, 61, has written a book about much of it, Dance with the Devil: A Memoir of Murder and Loss, scheduled for release late this month by Canadian publisher Key Porter Books Limited. and a lot more efficiency in the extradition process (cases involving devastating crimes can wither and die while the courts take years pondering trivial side issues). I think it was supposed to be just a brief college romance, says Kurt Kuenne, Andrews close friend since first grade at St. Andrews School in Saratoga. But he could not get rid of her.. It is a cry for change in the Canadian justice system that allowed his sons killer to roam free. Turner was twice divorced and one of her last three noteworthy partners was murdered, another was living in fear of her in Pennsylvania and the third was complaining to police that Dr. Turner had harassed him.. Her extradition was approved by Ottawa in June, but her lawyer said at the time the decision was being appealed. Telegram file photo. With Shirley Turner out of jail it was time for the Bagbys to clench their teeth again. After the initial shock of their second loss, coming so soon after the murder of their only son, the Bagbys decided to fight for a change in the law which might have meant their grandson could have lived. David Kessler's top 4 tips for dealing with holiday grief. An autopsy report is expected sometime today. They persevered through long, drawn-out, and complicated custody and extradition hearingseven as they struggled with their own griefonly to be met with further . Shirley regains custody of Zachary, separating him once again from his grandparents and ensuing yet another custody battle. And a desire to write about a Canadian justice system that is fatally flawed. Was she lying? I am astounded, appalled and horrified at how once again the Canadian justice system failed to protect the victims of a criminal act, choosing to protect the criminal instead; thus not stopping a death which could have been prevented. Hed been shot five times. The law "amends the Criminal Code to refuse bail to those charged with serious crimes when necessary to protect the safety of the public, specifically children under the age of 18," according to the Global Regina. They have not ruled out a murder/suicide. Then when he sort of tried to get her to go away, she wouldnt.. Co-workers later said he told Turner their relationship was finished. Shirley a sociopath is so angered at being dumped she drives 1600 miles to Latrobe, Pennsylvania where she murders Bagby on November 5, 2001 by shooting him numerous times in a local parking lot. For parents Dave and Kate, the pain was unbearablebut Andrew's murder was only the first in a string of tragic events. Andrew Bagby, a gregarious family practice resident at Latrobe, was found shot to death Nov. 5, 2001, in Keystone State Park. He grew into a smart kid, an Eagle Scout who loved to read. The police accumulate extensive evidence against Shirley Turner and arrest her. Are you Kathleen Bagby? I said, Yes. He said, You have to call the coroner in Greensburg. I knew then, it had to be Andrew.. Bagby came from Sunnyvale, California, and was the son of Kathleen Daphne Bagby ( ne Barnard), a registered nurse and midwife from Chatham, England, United Kingdom; and David Franklin Bagby, an American former United States Navy serviceman and computer engineer. I urge everyone to please watch this film. The September 2006 report, which details the law enforcement and legal developments in the case, says detectives almost immediately focused on Shirley Jane Turner. I still think about David and Kate Bagby now and then, their strength and good hearts are so inspiring. CANADA We'll help you find the right words to comfort your family member or loved one during this difficult time. 1994: Turner Dumps Her Children With Their Respective Fathers While She Attempts A Rocky Medical School Path Turner retained custody of all three of her children. It doesnt go away.. First she killed Andrew Bagby. Zacharys arrival pierced the hatred toward Turner that flooded the Bagbys lives after they lost their only son. The committee passed the bill unanimously, which is how it came to be heard in the House for a final vote this week. Once David completed his engineering degree, the Bagbys were intent on starting a family. They go on to explain how her father smothered her and she fought for her life. Authorities later determined his former lover, Dr. Shirley Turner,. On a personal note, Kate's health suffered a serious setback in 2006; she fell and cracked her skull in two places. Turner and her son were reported missing Monday. Turner walked to the end of the pier, and holding Zachary against her, jumped into the frigid Atlantic. She flew back to Iowa in a rage, David Bagby says. I dont know.. The bill has added an amendment to Canadas criminal code giving courts the right to refuse bail to someone charged with a serious crime who is deemed a potential danger to children under the age of 18. By 6 p.m. she left for Keystone State Park, where she and Andrew had agreed to meet after his hospital shift. Months later, Shirley Turners body washed up on a St. Johns beach alongside the body of her son. Zachary Andrew Turner was born July 18, 2002. You never know whats going to make you sit and cry for the day.. K1A 0A6. Eventually incarcerated, Shirely is released on bail once again after Judge Gale Welsh feels that she poses no threat to society although she has a long history of psychopathic tendencies and has committed intentional murder. Turner, then 40, drove the 950 miles straight through and arrived at Andrews door at 5 a.m. Expand the Memories and Condolences form. There aren't words to describe the feeling a viewer gets when this news is revealed, so to even begin to imagine what the Bagby's must have felt is beyond comprehension. Andrew believed he had ended the relationship for good in November, 2001. Elsewhere in St. Johns, T.J. Shears, who first reported his mother and Zachary missing, was suffering his own devastation. The area is about a kilometre from where the bodies were discovered. The Bagbys and their grandchild were living in a cramped apartment. Specifically, they played an audio clip of Bella (4) reciting a poem about how her daddy is her hero. Andrew agreed to meet her after work on November 5, 2001. For them, Zacharys birth was the start of more than a year of renewed joy and incomprehensible pain. It's surprising how much a musical selection can affect mourning. The details of their fight to gain custody of Zachary are under a publication ban. Napier alleges in court documents that Strickler forged her name on an altered check from the academy for $9,694 in January 2019 and deposited it into her personal account. Instead, the hearings and appeals dragged on for nearly two years. Facebook gives people the power to share. We can't possibly express this sentiment to each of you personally so I hope you're checking this web site periodically. Dave and Kate Bagby. It went into limited theatrical release in the United States in selected metropolitan areas and was broadcast by MSNBC on December 7, 2008. I always thought life was good until Andrew was killed, Kate says, sitting in her Sunnyvale kitchen. When I get to heaven, I want Andrew and Zachary to say well done mum and grandmum, Kate Bagby said. They were living like students, says the Rev. Kate Bagby's Phone Number and Email Last Update. After a short stint in a womens facility during the attempted murder proceedings, Turner was released on $75,000 bail. The watch was continued after a more comprehensive psychological exam. Dear Zachary remains a truly sad story and an incredible documentary. In June, the federal justice minister ordered her turned over to U.S. authorities. Their sons killer was off the streets and their grandchild would come live with them. TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox. Andrew was David and Kate Bagby's only child. Click HERE to find out the name of your member of Parliament using your postal code. Send simple, comforting meals with Home Chef. When Turner arrived in Canada, she moved into an apartment in St. Johns with her college-age son, T.J. Shears. (It's available on Netflix Watch Instantly and is a must watch.) More than all that, the Bagbys tale is about two people who endured one personal tragedy that was compounded in harrowing ways that would surely crush most of us. Join us at the quiet end today for the tragic story of two cold-blooded murders, one entirely preventable, in A Failure to Protect: The Story of Andrew Bagby & Zachary Turner. We'll be watching for cases and (obviously) hoping they put this change to good use. As the Bagbys settled into their renewed life, Turner pursued an appeal of her November jailing. To offer your sympathy during this difficult time, you can now have memorial trees planted in a National Forest in memory of your loved one. 3 Things To Expect During A Child Care Proceeding, 6 Tips For Choosing Employment Lawyers Near Orange County. They put their belongings in storage, rented out their house and moved to St. Johns, Newfoundland. A long drawn out custody battle ensues by Bagbys parents David and Kathleen who decide to relocate from Sunnyvale, California to Newfoundland, determined to gain custody of their grandson. Dr. She woke the baby and carried him up the stairs to her home, David recalls. All proceeds of the film have been donated to a scholarship in the names of Andrew and Zachary Bagbay. You get access to our members-only True Crime Brewery Premium episodes and other members-only true crime content. In the spring of 2002, David quit his job and Kate took a leave. Royal Newfoundland Constabulary (RNC) Acting Supt. As a Canadian citizen, you can send a letter to your Member of Parliament POSTAGE FREE - at no cost to you whatsoever. Kate was a nurse, recently arrived from England. They were 4,500 miles from home. Like everyone elses mom, I guess.. Time to stay civil with the woman who murdered their child. Get Morning Report and other email newsletters. David and Kate Bagby must have been saints to have had to tolerate personal dealings with their only child's murderess,and basically have to groval to her to even see their precious only-ever grandchild.Yet,they did whatever they could for the sake of Zachary.Most people (myself included) would have made away with Shirley Turner the first chance When search suggestions are available use up and down arrows to review and enter to select. David and Kate Bagby endured, however, and set out on a quest to change the Canadian laws that allowed Shirley Turner, a convicted murderer, out on bail. It was a tiring day for the toddler and he fell asleep in the back seat of the Bagbys car on the way back to Turners apartment. The two met while at medical school at Memorial University in St. John's. That was 2003. The bodies of the mother and son, last seen late Sunday night, were found on Manuels beach, Conception Bay about 7 p.m. Monday. But this news finally gives David and Kate Bagby, along with their son Andrew and little Zachary, the littlest bit of redemption from the evil they were forced to endure. Andrew's parents, David and Kathleen Bagby, had moved from the United States to Canada in an attempt to gain custody of their grandson in the wake of their son's murder. Mike Cassidy can be reached at (408) 920-5536. Andrew Bagby, 28, was their light, their love, their boy. It didnt take Pennsylvania police long to put together a suspect and motive, according to the 1,100-page Turner Review and Investigation, which was commissioned by the province of Newfoundland. Click HERE to read a letter of thanks to viewers from David and Kate Bagby, Become a fan of Kulture on Facebook: www.facebook.com/kkulture. This bill gives the courts the power to justify refusing bail to people accused of serious crimes in the name of protecting their children ages 18 and younger; keeping them away from sociopaths like Shirley Turner. He would also be able to one day appreciate Dear Zachary: A Letter to a Son About His Father, a documentary about Andrew Bagby. Then, even if the court orders extradition, Canadas federal justice minister must decide whether to hand over the fugitive to U.S. authorities. MORRISON: The girl was Heather, also an aspiring doctor. ! Kate and David married five months later. The murder of Andrew Bagby was a crime that shocked and brought terrible grief to the loved ones he left behind, especially his mother and father. As coroner Peter Markesteyn commented. When they pulled up at Turners place, the mother slipped Zachary out of his car seat. How could Kate Bagby from Sunnyvale have anything to do with murder? I saw many Calgarians cried and were deeply touched after watching the documentary "Dear Zachary" last night. These events fuel the Bagbys crusade to reform Canadian bail laws to deny bail to accused murderers awaiting trial. In fact, Turner would travel frequently from Iowa to visit Andrew in Latrobe, something shed done the week before he was killed. I may be in Fantasyland. He'd been shot five times, including in the back of the head. I think that Zachary Bagby is the worst case I've ever heard. Court documents said Detective Ray Dupilka and Napier met last month with Strickler in Sarnas law office in Pittsburgh, where she admitted the thefts. A week after Andrew Bagbys murder, while American police were building a case against her, Turner fled to her native Canada. He set out on an epic transatlantic journey to retrace the steps of his childhood friend, from California to Newfoundland to England Kate Bagbys homeland and where Andrew Bagby spent his summers. Theyd fly back to Sunnyvale to hold a memorial service. You have entered an incorrect email address! If you would like to write to the authorities in Canada about continuing concerns stemming from this case beyond the scope of Bill C-464, we encourage you to contact them: PEOPLE OF CANADA: The Supreme Court of Newfoundland and Labrador ruled last fall that Turner could be extradited to the U.S. to stand trial. You have funeral questions, we have answers. Ways to honor David Bagby's life and legacy. Nobody from the department of social services contacted Turner, and the case was dropped on January 11, 1994. The workers notes say Turner spent most of the time talking about a planned interview with CBSs 48 Hours. The TV newsmagazine would give her a chance to tell her side of the story. The treatments worked a sweet miracle and on Sept. 25, 1973, Andrew David Bagby was born. And that always radiated through the house.. Kurt Kuenne a filmmaker and long time friend of Andrew Bagby set out on a mission to celebrate Andrews life by interviewing relatives, friends and associates who had known him making it into a film about Andrew. Over the course of making Dear Zachary, Kuenne met dozens of other people whose lives had been similarly touched by Andrew Bagby. My sister, brother and I will miss our brother Dave dearly!! David reacted with anger. The findings of the resulting enquiry into the suicide-murder were unequivocal: the tragic death of baby Zachary could have been prevented and the authorities had been too concerned with presuming the innocence of Turner, the probable perpetrator of a first-degree murder. The support of their loved ones pulled them back from the edge, but the situation continued to get more twisted. Andrew Bagby had no enemies or so his friends and family thought. To. drowning of his grandson at the hands of the same woman isnt a Forensic analysis showed that five bullets, fired at point blank range, ended his life. Minister of Justice and Attorney General of Canada At first all of Andrews friends and family are suspicious of the relationship between the two of them but then grow supportive as Bagby is pursuing his studies. Save my name, email, and website in this browser for the next time I comment. Turner, a medical doctor, was accused of killing her former lover in Pennsylvania two years ago. Ive never seen people react more passionately, intensely. Cookie Notice The Bagbys, whod already been traveling back and forth to Canada for the extradition hearings knew what they had to do. But after a year of trying unsuccessfully to have a baby, Kate started using fertility drugs. Local police called the Bagbys, who were living in Sunnyvale at the time, and told them to contact the Pennsylvania coroners office, who informed them of their sons death. While the offense with which she is charged is a violent and serious one, the court ruled, it was not directed at the public at large., On Jan. 10, David says, we had to give Zachary back to her.. The death of baby Zachary left David and Kate Bagby, as well as the wider community, devastated. The prime suspect: Dr. Shirley Turner, a twice-divorced and considerably older mother of three Andrew Bagby casually dated while attending medical school in Newfoundland, Canada. That dark story took a much darker turner when, while Turner was out . The Bagbys offered each other a balance. The Bagbys were confident Turner would be returned to Pennsylvania for trial in a matter of weeks. Details of how Turner and her son died should be released this afternoon. After watching this film I can personally say that all of my heart goes out to Kate and David Bagby as well as all of their family and friends. He was very well-liked with a promising future as a family physician. (You will also find email addresses for most Members of Parliament on that site as well, if you prefer to send an email.) But this project brought a lot of things into perspective. They had tapped into their retirement accounts to get by. It's so unfair and so heart-breaking. DAVID BAGBY OBITUARY David R. Bagby Born: July 2, 1957 in Joliet, IL Died: January 5, 2022 in Statesville, NC David R. Bagby, 64 of Statesville, NC and formerly of Streator passed away. He loved to laugh, Kate says. He was beautiful, Kate Bagby said, her face melting when the subject of conversation turned toward her grandson. Lets keep our children safe. She is released on $75, 000 bail when she decides to flee to her hometown of St. Johns, Newfoundland to avoid prosecution. If you've seen Dear Zachary, you know that Shirley Turner, who was sent to jail for the murder of Andrew Bagby, gets out on bail to take her son Zachary away from his grandparents Bagby's parents, David and Kate and then kills both herself and the child. We want this story in as many heads as possible because we want people as upset and angry as we are, David Bagby said. Kate and David Bagby knew exactly what they were going to do.