The Case of Andrew Bagby and Zachary Turner

Andrew Bagby was born on September 25, 1973, in the United States to Kathleen Daphne Bagby and David Franklin Bagby. Kathleen, originally from England, had worked as a nurse and midwife before starting a family with David, a retired US Navy serviceman who later became a computer engineer. After many years of trying to conceive, the couple turned to fertility treatments, and their efforts were eventually rewarded with a positive pregnancy test. Andrew’s birth brought immense joy to the Bagby family, and they soon relocated to California, where they were surrounded by a loving extended family.

From an early age, Andrew Bagby was known for his warm and engaging personality, which helped him easily form friendships. His friends and family described him as intelligent, loyal, kind, and humorous. While he had a brief period of rebelliousness during his teenage years, his parents’ commitment to open communication and problem-solving guided him back to his usual positive self.

Andrew Bagby had a passion for sports and the outdoors, which led him to join the Boy Scouts. By the age of 15, he had achieved the highest rank. He also enjoyed acting as a hobby, participating in films made by his childhood friend Kurt, who was passionate about film production. Andrew’s love for adventure and his commitment to excellence were evident in everything he did.

After high school, Andrew decided to pursue a career in medicine, inspired by his mother’s experiences as a nurse. Despite facing multiple rejections from medical schools across the United States, his persistence paid off in 1995 when he was accepted into Memorial University of Newfoundland in Canada. During this time, he was in a relationship with Gether, a high school friend. They became engaged before heading to university together, but their relationship ended after their first year, though they remained friends. This breakup marked a period of vulnerability for Andrew Bagby, who found himself in a new country, away from his family and friends. However, his charm and outgoing nature allowed him to form new connections quickly.

Andrew
Andrew

Shirley Turner

Shirley Jane Turner was born on January 28, 1961, in the United States as the youngest of four siblings. Her father, a US military man, separated from her mother when Shirley was just seven years old. After the divorce, Shirley and her mother moved to Newfoundland, where Shirley spent much of her childhood. In 1980, Shirley enrolled in a chemistry course at Memorial Hospital in Newfoundland, hoping to pursue a career in medicine. At the time, she was in a relationship, which eventually led to marriage during the winter break of 1981.

Shirley gave birth to her first child, a son, on July 9, 1982. Despite the challenges of being a young mother, Shirley continued her studies with the support of her husband, who stayed at home to care for their child. However, her academic pursuits were interrupted, and by 1983, she moved to Labrador to work as a science teacher. In 1985, Shirley gave birth to a daughter, but her marriage began to unravel due to an affair with a fisherman. By 1988, she had divorced her first husband and remarried her former lover, with whom she had another daughter in 1990. This second marriage, however, was short-lived, and in 1991, her second husband left her and their children.

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Struggles and Controversy

Shirley Turner’s life continued to be marked by challenges. In 1993, she gained custody of her children but found the responsibility overwhelming. She sent her youngest child to live with her father, while also receiving help from him in caring for the other two children. However, in October of that year, a man close to Shirley confided in her therapist about witnessing Shirley physically and emotionally abusing her children. The therapist immediately reported these allegations to social services, leading to an investigation. The children confirmed the abuse, describing how their mother used a belt to punish them. Shirley’s second ex-husband, however, claimed that she only used the belt as a threat, without actually harming the children.

Following the social services investigation, Shirley’s ex-husband made it clear that he would only assume responsibility for their youngest child, leaving Shirley to send her older children to live with their father and paternal grandmother. With her family responsibilities eased, Shirley continued her studies and soon became romantically involved with a younger resident at the hospital where she worked. Initially, the resident described Shirley as kind and generous, but as their relationship progressed, it took a darker turn.

A Relationship Spirals Into Turmoil

The young resident soon found himself wanting to avoid the drama of the relationship, leading to his decision to break up with Shirley. However, Shirley did not take the breakup well. She repeatedly contacted him, leaving alarming messages in which she threatened harm and even physically attacked him. The resident tried to distance himself from her, but Shirley’s behavior grew more unsettling.

One particular incident stands out: Shirley appeared at the resident’s apartment door wearing a black dress and holding a bouquet of red roses. Attached to her clothes were two notes indicating her intention to take her own life. In a desperate and dramatic act, she ingested a large quantity of over-the-counter medication, though she knew she would receive help in time. The resident called emergency services, and Shirley was promptly hospitalized for treatment. This episode highlighted the deeply troubling nature of her behavior.

Andrew’s Encounter with Shirley Turner

In 1999, during his third year of medical school, Andrew Bagby met Shirley. At first, their relationship was casual, with neither of them seeking anything serious. However, Andrew’s friends were concerned about the age gap between the two, as well as Shirley’s increasingly manipulative and inappropriate behavior. They feared that Andrew, who had always been surrounded by positive influences, might be at a disadvantage in this relationship. Despite these warnings, Andrew continued to see Shirley.

Andrew and Shirley
Andrew and Shirley

In May 2000, Shirley graduated from medical school, and shortly after, she confided in a relative about her financial deception. Since 1982, Shirley had been withdrawing money from a scholarship fund, claiming it was for her children’s future university expenses. However, the funds were actually being used for her own living costs and educational pursuits. She justified her actions by stating that once she became a doctor, she would have the means to repay the money.

Later in 2000, Andrew secured a surgical residency in New York, while Shirley relocated to Iowa. They tried to maintain a long-distance relationship, but it began to unravel. According to Shirley, she visited Andrew seven times, while he only visited her once. Eventually, Andrew Bagby found that surgery did not meet his expectations, so in the fall of 2001, he moved to Pennsylvania for a family practice residency, where he felt more at home.

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Shirley’s Descent Into Possessiveness and Violence

As Andrew Bagby began his new residency, Shirley’s behavior grew more obsessive. She incessantly called him, demanding to know where he was and who he was with at all times. She even reached out to his parents, whom she had previously introduced to him as “just a friend.” In an attempt to regain Andrew’s attention, Shirley lied and told him she was pregnant. Andrew Bagby agreed to discuss the matter later, but when they met at the end of the month, the situation turned volatile. The argument focused on Andrew’s apparent involvement with another woman.

On November 3, 2001, Shirley admitted she had fabricated the pregnancy story to keep Andrew Bagby in the relationship. This manipulation marked the turning point for Andrew, who angrily ended their relationship. He sent Shirley back to Iowa, hoping for closure.

Less than 24 hours after their breakup, Shirley began obsessively calling Andrew Bagby, and when he refused to answer, she embarked on a 16-hour drive from Iowa to his home. On the morning of November 5, 2001, Shirley arrived at Andrew’s house, where a confrontation took place. Afterward, Andrew left for work, visibly upset and planning to meet Shirley later that day. He confided in his friend, Clark Simpson, telling him that Shirley was deeply upset over their breakup. Clark, concerned for Andrew’s safety, warned him against meeting Shirley alone, suspecting that she could become violent. Despite the warning, Andrew Bagby assured Clark that he would visit him after seeing Shirley.

But Andrew Bagby never showed up.

Andrew and Shirley
Andrew and Shirley

Andrew Bagby’s Tragic Death and the Investigation

On November 6, 2001, when Andrew Bagby failed to show up for work, his close friend Clark immediately grew concerned. Clark suspected something was wrong and, soon after, news broke that Andrew’s lifeless body had been discovered in a state park in Pennsylvania. He had been shot multiple times. Investigators began by speaking with Andrew’s friends, with Clark being one of the first to offer detailed insights into the events leading up to Andrew’s death, including Shirley’s unsettling behavior in the days before the incident.

When questioned by the authorities, Shirley appeared shocked by the news of Andrew Bagby’s death. She claimed to have been bedridden with an illness on November 5, the day Andrew’s body was found. However, the police were not convinced and continued their investigation. They discovered that Shirley owned a firearm, and after further inquiry, asked her to bring in the weapon for ballistic testing. Shirley initially agreed, but when the time came to hand over the gun, she made excuses, claiming she couldn’t locate it.

The initial autopsy and ballistic reports confirmed that Andrew Bagby had died from five gunshot wounds, with the same type of bullets used in Shirley’s firearm. Although there was no direct evidence linking her weapon to the crime, the circumstantial evidence raised significant suspicion. Meanwhile, mobile phone records were being analyzed, but the technology at the time delayed results, providing Shirley with a brief window of opportunity to flee. On November 12, 2001, with no arrest warrant or travel restrictions in place, Shirley left for Canada.

The Aftermath and Documentary

In the aftermath of Andrew’s death, his family and friends were left in disbelief, struggling to understand how someone could harm such a kind and remarkable individual. Andrew’s childhood friend Kurt, who had collaborated with him on films during their youth, decided to honor his memory by creating a documentary. Kurt interviewed those who had known Andrew Bagby, intending to celebrate his life and preserve his legacy.

A few weeks after Andrew Bagby’s death, mobile phone records showed that Shirley had traveled to Pennsylvania around the time of the attack, further strengthening the investigation. Based on this evidence, authorities issued an international arrest warrant for Shirley. On December 12, 2001, Shirley was arrested in Canada, and extradition proceedings were initiated.

Shirley Turner
Shirley Turner

However, the case took a surprising turn when Shirley revealed that she was two months pregnant, and the child she was carrying was Andrew Bagby’s. This revelation was a shock to Andrew’s family and friends, as the woman responsible for Andrew’s tragic death was now carrying his child.

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A Letter to a Son: Kurt’s New Documentary

In light of the pregnancy, Kurt decided to change the focus of the documentary. Instead of solely honoring Andrew’s life, he shifted the narrative to create a letter from Andrew Bagby to his unborn son. He titled the project Dear Zachary: A Letter to a Son from His Father as a way for the child to know his father despite his absence. When it was revealed that the baby was a boy and would be named Zachary Andrew Turner, Kurt knew the project had taken on a new, profound purpose.

For Andrew Bagby’s parents, David and Kathleen, the revelation that Shirley was carrying their grandson brought mixed emotions. While the circumstances surrounding the pregnancy were complicated, the opportunity to have a part of their son through their grandson was something they chose to prioritize. They moved to the city where Shirley was living, determined to be close to their future grandson and start a lengthy custody battle, as they believed Zachary would be at risk in his mother’s care.

The custody battle lasted for months, and throughout the process, David and Kathleen worked hard to maintain a cooperative relationship with Shirley, hoping to keep the situation as amicable as possible for the sake of their grandson. In November 2002, Shirley was taken into custody while awaiting the decision regarding her extradition to the United States.

This development brought a sense of relief to David and Kathleen, as they were hopeful that they would be granted custody of Zachary. However, Shirley was not willing to make things easy. She imposed several conditions for visitation, including weekly visits, daily phone calls, and even requesting a photo of herself and Andrew Bagby together for Zachary. The situation was far from resolved, and the emotional toll on all involved was immense.

Custody Battle

In January 2003, Shirley Turner was controversially released from custody, despite the serious charges against her in connection with Andrew’s death. The judge ruled that Shirley was presumed innocent and that there was no evidence to suggest psychological traits that would pose a risk to her son, Zachary. Six months later, Zachary was returned to Shirley’s care, much to the distress of Andrew Bagby’s parents, David and Kathleen. Shirley immediately began keeping Zachary away from them, offering excuses and preventing visits whenever she could. Despite this, David and Kathleen refused to give up on their grandson and continued to fight for his well-being.

Shirley, Zachary and Kathleen
Shirley, Zachary and Kathleen

In July 2003, Shirley met a young man at a bar, and they began a brief sexual relationship. However, the man soon discovered Shirley’s involvement in Andrew Bagby’s death, leading him to end the relationship. This triggered an obsessive response from Shirley, who made over 200 threatening phone calls to him in the following month. She even claimed that she was pregnant with his child. Though the man contacted authorities on three occasions to report the harassment, he refused to identify himself and did not file a formal police report, so no investigation was initiated. When contacted by an agent, Shirley’s lawyer denied all allegations.

The Birthday Party Incident

On Zachary’s first birthday, Shirley organized a celebration at a popular fast food restaurant. David and Kathleen attended, hoping to share a moment with their grandson. During the party, Shirley picked up Zachary, but he immediately began crying, visibly uncomfortable. Shirley then approached Kathleen and made a chilling statement, claiming that Zachary clearly loved her more and suggesting that it would be best for Kathleen to take him. Afterward, Shirley walked away from the gathering, visibly upset and crying. The incident foreshadowed the growing instability in her behavior.

On August 18, 2003, Shirley requested that Zachary be returned to her, asserting her legal custody. David and Kathleen had no choice but to comply. However, the following day, they discovered that neither Shirley nor Zachary could be found. Panic set in immediately. After days of distress, Shirley’s body was found on a beach, with Zachary’s body discovered nearby. Authorities quickly pieced together the events leading up to their deaths.

The Horrific Act

Shirley had purchased medication from a pharmacy before driving with Zachary to the home of the man she had briefly dated. She left personal items in the car, including photos of herself and the baby, and then drove to a remote area near the Atlantic Ocean. There, Shirley mixed antidepressants with Zachary’s baby formula and fed it to him. Afterward, she consumed a toxic dose of the medication herself. She tied Zachary to her chest with her sweater and jumped from a fishing dock, ending both of their lives. The police concluded that Shirley’s actions were driven by revenge, intending to implicate the man she had briefly dated for the deaths.

Forensic experts determined that Zachary had not suffered, as the medication had rendered him unconscious before his death.

In the wake of the tragedy, David and Kathleen held a press conference, expressing their outrage at the judicial system for allowing Shirley to remain free after committing the initial crime. They believed that the leniency shown to her had directly led to the death of their grandson. The couple’s statement emphasized their belief in Shirley’s responsibility for both Andrew Bagby’s and Zachary’s deaths, and they condemned the system that had failed to protect their family.

Zachary Turner
Zachary Turner

Reforms and Legal Consequences

Shirley’s supervising doctor during her residency described her as a manipulative sociopath in an interview with a child and youth protection officer. This revelation prompted the hospital to overhaul its residency evaluation process. In May 2006, the Newfoundland and Labrador College of Physicians and Surgeons found Shirley’s psychiatrist guilty of professional misconduct for helping her pay her bail, ordering him to pay a fine and cover part of the investigation costs.

That same year, a forensic judge’s investigation into Shirley’s case concluded that Zachary’s death was preventable. The judge criticized the region’s social services for failing to protect the child, highlighting poor communication and an overly sympathetic approach to Shirley’s well-being, which prioritized her rights over Zachary’s safety.

In October 2009, a member of the Canadian parliament introduced a bill called the “Zachary Law,” which aimed to amend the country’s criminal code to deny bail to those accused of serious crimes when the protection of children was at stake. The bill received widespread support and was passed into law on December 16, 2010, after receiving unanimous backing from the House of Commons and a senator.

In honor of Andrew Bagby and Zachary’s tragic deaths, two scholarships were established to remember their lives and the lessons learned from their story. The legacy of these two individuals continues to shape the conversation around the protection of children and the need for reforms in the judicial system.

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