Zachary Andrew Turner was tragically murdered on August 18, 2003, by his mother, Shirley Turner, who drowned him alongside herself in Conception Bay, Newfoundland. While the documentary Dear Zachary: A Letter to a Son About His Family continues to move viewers worldwide, the case permanently reshaped Canadian legal history, resulting in Bill C-464 (Zachary's Law) to protect children during bail hearings.
Following the immense emotional impact of Kurt Kuenne's acclaimed 2008 documentary, many viewers search for updates regarding Zachary's surviving family, the legal fallout in Canada, and the legacy of Dr. Andrew Bagby. Here is the comprehensive history of the tragedy, the legal reforms it triggered, and the ongoing advocacy led by the Bagby family.
The Origin of the Case: The Murder of Dr. Andrew Bagby
To understand what happened to Zachary, one must understand the circumstances surrounding his father, Dr. Andrew Bagby. In November 2001, Dr. Bagby, a 28-year-old family practice resident in Latrobe, Pennsylvania, ended a turbulent relationship with Dr. Shirley Turner, a twice-divorced physician who was twelve years his senior.
On November 5, 2001, Andrew Bagby's body was discovered in Keystone State Park in Derry Township, Pennsylvania. He had been shot five times in the head, face, chest, and back. As Pennsylvania state police gathered evidence connecting Turner to the murder—including spent shell casings and cell phone tower records—Turner fled the United States to St. John's, Newfoundland, Canada, where she had previously attended medical school.
Shortly after arriving in Canada, Turner announced she was pregnant with Andrew Bagby’s child. Andrew’s parents, David and Kathleen Bagby, relocated from California to St. John's, enduring grueling personal and financial strain to seek custody of their unborn grandchild and push for Turner's extradition to the United States to stand trial for first-degree murder.
Zachary Turner: Birth, Custody, and Systemic Failure
Zachary Andrew Turner was born on July 18, 2002. From his birth, his grandparents fought an uphill battle through the Canadian court and child welfare systems. While Shirley Turner was indicted in the United States and awaiting an extradition hearing, Canadian authorities repeatedly released her into the community.
Key Milestones in the Zachary Turner Case
- December 2001: Shirley Turner is arrested in St. John's on an extradition warrant but released on bail by Justice Gale Welsh, despite facing a first-degree murder charge in Pennsylvania.
- July 18, 2002: Zachary is born. David and Kathleen Bagby fight for legal guardianship, but the court orders shared custody arrangements with Turner.
- November 2002: Justice Gale Welsh rules Turner must be committed to prison to await extradition, leading to brief incarceration.
- January 2003: Turner appeals her committal, and Justice Gale Welsh grants her bail a second time, ruling that her alleged crime was targeted specifically at Andrew Bagby and that she posed no broader threat to the public.
- August 18, 2003: Shirley Turner drugs one-year-old Zachary with chloral hydrate, drives to Foxtrap Marina in Conception Bay, and jumps into the frigid Atlantic Ocean while holding him. Both drowned.
The failure of child welfare authorities and the Newfoundland judicial system to recognize that Zachary was in grave danger from a woman accused of murdering his father remains one of the most heavily scrutinized systemic breakdowns in Canadian legal history.
The Legal Aftermath: The Turner Review and Systemic Critique
In 2006, the Government of Newfoundland and Labrador released an independent inquiry known as the Turner Review, conducted by Dr. Peter Markesteyn, former Chief Medical Examiner of Manitoba. The resulting report was a scathing indictment of provincial child youth and family services, the justice system, and the medical community.
The report concluded that Zachary's death was preventable. It highlighted several institutional breakdowns:
- Fragmented Communication: Social services failed to treat Turner as a high-risk individual despite an active homicide indictment in another country.
- Bail Law Gaps: Judges operating under the Canadian Criminal Code lacked clear statutory grounds to deny bail specifically on the basis of child safety when an applicant was accused of a crime not directly involving the child.
- Medical Over-Prescribing: Turner was prescribed large doses of psychotropic drugs and sedatives by treating physicians despite her known psychological instability and criminal charges.
Zachary’s Law: Bill C-464 and Its National Impact
Following the tragedy and the documentary's release, David and Kathleen Bagby channeled their grief into fierce legal advocacy. Supported by filmmaker Kurt Kuenne, Member of Parliament Scott Andrews, and Senator Tommy Banks, the Bagbys lobbied the Parliament of Canada to close the loophole that allowed Shirley Turner to retain bail.
Their efforts culminated in Bill C-464, colloquially known as "Zachary's Law."
| Metric / Parameter | Canadian Bail Reform: Bill C-464 Details |
|---|---|
| Official Title | An Act to Amend the Criminal Code (Justification for Detention in Custody) |
| Introduced By | Scott Andrews (MP for Avalon, Newfoundland and Labrador) |
| Royal Assent Date | December 15, 2010 |
| Core Statutory Change | Amends Section 515(10)(c) of the Criminal Code of Canada |
| Primary Protection | Authorizes courts to deny bail to protect minor children/dependents |
| Public Sentiment | Passed both the House of Commons and Senate with unanimous multi-party support |
Before Bill C-464, bail could be denied under three primary grounds: to ensure court appearance (primary ground), to protect the public from ongoing safety risks (secondary ground), or to maintain confidence in the administration of justice (tertiary ground). Bill C-464 explicitly amended the public safety provisions to allow judges to consider whether detention is necessary to safeguard the safety and well-being of the accused person's children or dependents.
Where Are the Family and Case Key Figures Now?
Many viewers who watch the documentary seek to understand what happened to the central figures in the years following the film's international distribution.
David and Kathleen Bagby
David and Kathleen Bagby returned to the United States after their advocacy in Canada. David published a poignant, unflinching book in 2007 titled Dance with the Devil: A Memoir of Murder and Loss, which documented the ordeal and the systemic failures they faced. They have since stepped back from continuous public appearances, having achieved their legislative goal of reforming Canada’s bail statutes.
Kurt Kuenne
Filmmaker Kurt Kuenne initially created Dear Zachary as a private home movie to show Zachary what his father was like, compiling footage from Andrew's childhood friends, family, and colleagues. After Zachary's murder, the project transformed into a public documentary and legal advocacy tool. Kuenne continues his career as a director, writer, and composer in Los Angeles, keeping Andrew and Zachary’s memory alive through ongoing film preservation and scholarship efforts.
The Andrew Bagby and Zachary Turner Memorial Scholarships
To honor the deceased father and son, endowments were established to assist future medical students and community members:
- The Dr. Andrew Bagby Memorial Scholarship: Supports medical students attending Andrew's alma mater, the Memorial University of Newfoundland.
- The Zachary Turner Memorial Fund: Provides resources for community initiatives and child welfare enhancements.
Frequently Asked Questions
Is Zachary Turner alive?
No. Zachary Turner died on August 18, 2003, at the age of thirteen months. He was drowned in the Atlantic Ocean by his mother, Shirley Turner, who also committed suicide.
Why was Shirley Turner allowed custody of Zachary while charged with murder?
The Newfoundland court system and local child welfare authorities viewed Turner’s murder charge in Pennsylvania as a matter concerning only Andrew Bagby, mistakenly concluding she did not present an active danger to her child. Additionally, Canadian bail laws at the time did not explicitly highlight the safety of dependent children as an isolated ground for pre-trial detention.
What is Zachary’s Law in Canada?
Zachary’s Law (Bill C-464) is an amendment to the Criminal Code of Canada passed in December 2010. It allows judges to deny bail to an accused person if doing so is necessary for the protection of their minor children or dependents.
What happened to the judge who granted Shirley Turner bail?
Justice Gale Welsh faced widespread public criticism following the tragedy, but judicial independence laws in Canada protect judges from civil liability or criminal charges for rulings made in good faith within the scope of their legal discretion. Justice Welsh remained on the bench of the Supreme Court of Newfoundland and Labrador (Court of Appeal) until her retirement.
Did Shirley Turner have other children?
Yes. Shirley Turner had three other children from previous marriages prior to having Zachary. During the custody disputes and criminal proceedings in Canada, those older children were not under her direct day-to-day care and lived with other family members or guardians.
If you or someone you know is affected by domestic violence or parental child endangerment, resources are available to provide support. In the United States, contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233). In Canada, contact your provincial child protection service or local emergency crisis line for immediate family intervention support.
