MORRISON: Was she taunting them, they wondered? Cpl. Skewed imagery. Without access, without favor, without discretion, and without interference. He says his mother was so often, unavailable, especially from the time she started medical school. Turner shot Bagby two days after he broke up with her at a Pennsylvania airport as she was set to fly back to Iowa. . Still grieving the death of their son, the Bagbys moved to Newfoundland and fought for custody of Zachary. COLLECTOR'S EDITION DIGIPAK only from Oscilloscope Laboratories: That child was Zachary, to whom the film is addressed. IE 11 is not supported. T.J. and his girlfriend went to bed. We made this place together, we own it together, we run it together. September 28, 2008: Mr. SHEARS: When we woke up in the morning, realized they weren't there. Kate went to the floor, and I kicked the door and--oh, we, just--just like with Andrew, there's nothing you can do. It also recently screened at the Calgary International Film Festival and the Edmonton International Film Festival to standing ovations from Canadian audiences, where it inspired many audience members to write their Parliament in support of bail reform. I kind of need to move on from that because, like I. said, I'm a Bagby male. I had two sisters already, so a brother, because now I'd have somebody that I can teach about hockey and, (Shears and Zachary; photo of Shears and Zachary). While that change felt good, David wanted more. Published by Statesville Record & Landmark on. And thus the decision from which all else followed. Our 100 journalists strive to inform and improve our East Coast communities by delivering impartial, high-impact, local journalism that provokes thought and action. I kind of. She just dropped to the floor and laid down, and, I went down after her. Inspired by his mother's tales of interesting medical cases and wonderful patients, Andrew decided he would be a doctor. 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 If nothing else is accomplished with this film, it will absolutely attach you to the too-short life that was Andrew Bagby's, and you're going to be sad that you didn't get a chance to know him -- but glad all the same that you know ABOUT him now." The upbeat music stops and a little boy who speaks in that lispy slow muckle-mouthed way little boys do, asks, Why did Andrew get killed?. (Photo of Shirley; "Canada" on building; T.J. Shears walking), Mr. T.J. SHEARS: My mom was just like, `Oh, hey.' MORRISON: When you did find out that she was pregnant, what was your thought? You dont leave it behind. Oh, my God. decision. And so he set out to collect the memories of Andrew's family and giant circle of friends. Oh my god. will not hurt Zachary, period. get in there, if that's what she demanded. I cannot stress this enough: this movie frightened and disturbed me more than any horror film I've ever seen in my life. We were in the way, I guess, of her trying to go to school. It was like Andrew died and then was reborn for a second chance. KATE: (Audio recording) Right. For one thing, Shirley, required the Bagbys to bring Zachary to visit her once a week in jail. Mr. BAGBY: He's now engaged to this lovely girl, and he's going to go to med school. December 15, 2009: On a shelf in the California home of David and Kate Bagby, sitting inconspicuously among some lovely china, are two urns. The bond between, Zachary and his grandparents grew and grew, and Shirley noticed, even from, KATE: (Audio recording) I think it was one time we were on the phone or, KATE: (Audio recording) Yeah, the baby cried, and I said, `Oh, there's my, Ms. TURNER: (Audio recording) Yeah, `Oh, my baby. MORRISON: But would that somebody turn out to be a blessing or a curse? I mean, we would never, disagree with her or fight with her about anything unless there was real. MORRISON: You didn't seriously think of--I mean, you talk about this plan Mr. BAGBY: Absolutely. She would never go away. That's what Kurt does, he's an independent filmmaker. Purchase the album on: Amazon (Physical CD) iTunes Amazon MP3, DAVID BAGBY'S "DANCE WITH THE DEVIL" RETURNS TO PAPERBACK AND E-BOOK, After four years of being out of print, David Bagby's book "Dance with the Devil" (Andrew Bagby's father's powerful memoir of the events depicted in "Dear Zachary") is finally available in paperback and e-book. All rights reserved, Click here for information on becoming a member. Mr. KUENNE: He liked playing bad guys a lot. It has been our privilege to have the trust and support of our East Coast communities for the last 200 years. Its hard to imagine a well-crafted rendition being as powerful.). And that was midafternoon. Mr. BAGBY: Oh, this ranks right up there. MP Andrews was inspired to create Bill C-464 after seeing Dear Zachary for the first time in March; he and Senator Tommy Banks distributed DVDs of Dear Zachary to every member of the House of Commons for their review immediately following the December 4th discussion. Woman #9: to make that journey was awful. The bill is called C-464 - An Act to amend the Criminal Code (justification for detention in custody). Information on who and where to write can be found on the "Support Bail Reform" page. Its a muddled structure, and the film makes frequent aesthetic missteps as well, with frenetic editing, canned music, and heavy-handed imagery. MORRISON: Coming up, a knock at the door, and then the news. We're churning. Its been more than 10 years since the Bagbys have been back to Newfoundland and Labrador. Andrew Bagby, a gregarious family-practice resident at Latrobe, was found shot to death on Nov. 5, 2001, in Keystone State Park. thing, because up until Andrew was murdered, I was a Pollyanna. But you will come away believing in people. I would really like for you and Kate. Dear Zachary recently won the Audience Award at the Sidewalk Moving Picture Festival in Birmingham, Alabama! 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 Wednesday (January 5,. And he's like, `I'm not looking for anything serious. Its heartbreaking, said Kate, who recalls last seeing Zachary the evening before he was killed. The documentary was originally released in 2008. I think they just poured all of their love and, MORRISON: A week after Kurt's visit, Zachary turned one. Click HERE for ticket information. Very, very serious. MORRISON: Kurt and Andrew grew up together in Northern California, where the fledgling director gave Andrew starring roles in some of his earliest ventures. MORRISON: The girl was Heather, also an aspiring doctor. Did. A review of Turner's and Zachary's deaths, released in 2006 by Winnipeg-based coroner Peter Markesteyn, concluded the provinces social services system failed Zachary and his death could have been prevented. This is the attention thing I was talking about. MORRISON: Andrew's best friend, filmmaker Kurt Kuenne, suddenly, just knew what he had begun as a small film to memorialize his old friend. Andrew, of all people, seemed to have no enemies at all. MP Andrews was spurred on to the creation of this bill after seeing "Dear Zachary" at a March screening in Ottawa to which all Members of Parliament were invited. I never really convinced myself that she, could--that she would hurt Zachary. When Kate reached down to wipe one away, she accidentally knocked out the plug used to mask his facial wound. "This is the purest, most intensely raw film I have ever seen of any kind, dramatic or nonfiction. Read the DocuWeek Q&A with writer/director/composer Kurt Kuenne HERE. Kuenne is able to capture the true nature of love and dedication in a way I have never seen. October 22, 2009: Right? They hadn't been identified, but it's obvious who they, MORRISON: He was right. ', MORRISON: But they'd have to wait almost a month. (Shirley and Zachary at birthday party; birthday party), KATE: He didn't want to open presents, you know, he wanted to get, down. On the 5th, however, Turner appeared back in Latrobe. For this night they were a couple once again, dancing and drinking together. then one day I realized what it was. "There, is no indication of a psychological disorder that would give concern about, potential harm to the public generally as her crime, while violent, was, specific in nature." And if that picture never reveals itself, it feels like a letdown, not a tragedy. MORRISON: And go she did, back to Newfoundland, Canada. Unidentified Woman #10: (Kate holding Zachary) Zachary. MORRISON: But she was allowed to go back to Newfoundland? Or it's in the car. David and Kate Bagby know all about the unlikely power of love funneled through rage. did. It turns out Shirley Jane Turner is pregnant. American authorities asked Canadian, authorities to send her back to the US, which would require an extradition, hearing. Typically, we meet the victim not as a person but as a dismantled puzzle to be put back together by the canny viewer, who is likewise appealed to not as a person hearing about a human catastrophe but as an analytical machine capable of sorting and weighing the relevant facts. People in the audience were literally weeping during the post-screening Q&A." Jackson, Kentucky. They are warm. Mr. DAVID BAGBY: I threw the phone at the desk, and I jumped up and just screamed, `No! -Drafted and finalized press releases, articles, annual reports, websites, earnings releases and investor . He said, `What can happen?'. CONTRIBUTED BY DAVID AND KATE BAGBY Sixteen years have passed but for the Bagbys the story of the deaths of their only son and grandson resurfaces all the time. And one, of the first to see her there was T.J. Shears, the eldest of Shirley's three. With that kind of goodness, there is no limit to the possibility of transcending all manner of evil. We were kind of like, `Well, we're not the best ones to be taking care of a child.' If you were to dream up the perfect set of parents, it would be Kate and David Bagby. By signing up, you agree to our User Agreement and Privacy Policy & Cookie Statement. Cpl. An autopsy report would show that an anti-anxiety drug, prescribed by the very psychiatrist who put up Shirley's bail money had been, mixed into Zachary's formula. And that's when she said, `He loves you, more than me. iTunes | Amazon Prime Video | Google Play, DEAR ZACHARY ORIGINAL MOTION PICTURE SCORE ALBUM NOW AVAILABLE. MORRISON: But Shirley would make it tough for Andrew to do that. But he was moved to honor his friend the best way he knew how, by making a film. Mr. SIMPSON: And he said, `I'm going to need to catch up with you, and we're going to have to do some serious talking.' I sat there. Dear Zachary had its Canadian premiere at the Hot Docs International Documentary Film Festival in Toronto, where it was welcomed by a line down the street and around the block to get in. You were done. He was the whole world to them. MORRISON: She kept trying to get between you and the baby. Kuennes fast-talking exposition, while confusing, seems purposeful, as though the murder were a necessary backstory to be pushed through as quickly as possible in order to get to the heart of the narrative: Andrew Bagbys life and how horrible his death was for those who loved him. murderer in check. What do you want it Mr. BAGBY: Very seriously. GARDNER: (Audio recording) Is this Dr. Turner? thoughts, his wife sees something that rocks her to the core. I couldn't see the point anymore. but if we don't get help, we don't know if we're doing what's best. It was for custody of their grandchild who looked exactly like his father that they moved to the city of their sons killer. Corporal GARDNER: (Audio recording) Yeah, Dr. Turner, I'm Corporal Gardner with the Pennsylvania State Police. Mr. BAGBY: We were out shopping or something. Because she didnt know love either. MORRISON: The rage was tempered with a yearning to know just why Andrew had been assassinated. Dance with the Devil is David Bagby's . 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. Unidentified Man #21: (Talking in group) I know. In the, tribute documentary their son's best friend Kurt Kuenne was making to someday, give Zachary, the Bagbys' friends recount how difficult it was for David and. Mr. BAGBY: He's now engaged to this lovely girl, and he's going to go to med school. The bill, if passed into law later this year, would justify detention in custody for those accused of a serious crime who are a potential danger to their own children under the age of 18. This film wasn't made to win awards, or, for that matter, even be criticized. And I saw that night her malignancy. Ms. TURNER: (Audio recording) I do have a complaint, finally. The first time we had contact with her was over the phone. She was here.' KATE: Ah, it was wonderful. Someone found a car that didn't belong. Ms. TURNER: (Audio recording) Are you sure? ', MORRISON: When Dr. Andrew Bagby's bullet-riddled corpse was, found in a Pennsylvania state park in November 2001, his devastated parents. They raised a wonderful, Unidentified Man #26: Thanks for bringing such a wonderful person. -, "This documentary will rip out your heart and leave you in the snow without a sweater. I don't know how else to say it except they are grown-ups: they are funny, but serious; playful, but organized. (It was announced, in 2014, that the documentary would be made into a miniseries. On December 4, 2009, Bill C-464 (our bail reform bill) was discussed on the floor of the House of Commons for a full hour, and MP Scott Andrews received unanimous support from all political parties in the House of Commons to advance the bill to the Standing Committee on Justice & Human Rights. Here the grandparents are making nice with the woman they believe killed their, son. Dear Zachary is as devastating as it is because it unravels the way bad things unravel in real life. Mr. SIMPSON: He said, `You'll never guess who showed up on my doorstep at 5:30.' Laws governing the, rights of defendants are fairly strong in this country, but there's something, about Newfoundlanders in particular which may have contributed to the judge's, decision to grant bail. Mr. BAGBY: (Audio recording) You don't like this answer, but I'm going to, give it to you again. Mr. BAGBY: That's one of the options, and that's the one we hoped for. I'm just curious Ms. TURNER: (Audio recording) Yeah, and I wanted to know for safety. whose parents are charged with a violent crime. to let out hints that Shirley Turner was the prime suspect. Kuenne finished his documentary and dedicated it to the memories of both Bagby and Zachary. He seems to be talking about the unfathomable grief Shirley Jane Turner left behind. A few weeks after, Zachary's birthday party, the Bagbys and Shirley took the toddler swimming, an, activity he usually enjoyed. They recorded them. HEATHER: You are the most amazing, strongest people I've ever. (Photos of David and Kate with Zachary; Shirley being escorted from court). (David speaking to reporters; Kate speaking to reporters; David on radio show; "Dear Zachary" poster; Kurt editing video; photo of Andrew; photo of Zachary; Mr. KUENNE: I almost gave up making this film when you were, killed. Said, `Oh, no, I really can't.'. And as tragic as this story is, that is also where its consolation lies: that Shirley Jane Turner destroyed everything around her in an attempt to extinguish the love she was incapable of experiencing herself, and in the end she couldnt. I--we both did. ', Mr. SHEARS: Things happen in America that don't seem to happen up here as. For the Bagbys, shock might have, (Photo of David and Zachary; photo of Kate and Zachary; Shirley being escorted, from court; court documents; court exterior; court documents; Kate and David), KATE: I'd sat in the back of the room while Judge Green said to her, `I'm so, sorry, Dr. Turner, your life is on hold, and I know the law is slow.' would be the difference if one person weren't alive? And we came back. Do you understand? And tears are dropping on him, of course, and Kate went to wipe one of those away off his cheek, and a plug came out, where hed been shot in the left cheek. GARDNER: (Audio recording) Yes, ma'am, I am. I, Mr. BAGBY: (Audio recording) Look, we will do what is best for Zachary. I, was like, `Hi, buddy.' With that powerful, evidence, Shirley Turner was formally charged with Andrew's murder and, arrested by Newfoundland police. -, "Demonstrates independent film at its finest." And when, after his first year at med school, Heather broke off the engagement, Andrew was crushed. No less than seven of those friends had asked Bagby to be the best man at their weddings. MORRISON: Must have seemed like the enemy was in the camp. We. Ad Choices. Shirley and Zachary, then 13 months old, had been staying with the couple. Bill C-464 when enacted will justify detention in custody for a person accused of a serious crime who is a potential danger to their own minor children. Please check back for updates as the bill makes its way through the Senate in the coming weeks -- and if you are a Canadian Citizen, please write your Senator to voice your support of C-464 during this crucial time. MORRISON: The sea at midnight was endless black. Lori Kaufman rw. Authorities later determined his former lover Dr. Shirley Turner,. If it looks like she's likely to go back, how is she going to behave? Dear Zachary was then voted the #3 audience favorite of the festival by viewer ballot, out of the 172 distinguished documentaries screening at Hot Docs. May 16, 2008: MORRISON: What did you think when you heard that? The apparent culprit was a woman named Shirley Turner, whom Bagby had dated but had broken up with on November 4th, in Latrobe, just before putting her on a plane to Council Bluffs, Iowa, where she lived at the time. You will cry. MORRISON: Two weeks after Andrew's murder, cell phone records, would show that Shirley Turner drove all the way from Iowa to Andrew's, neighborhood in Pennsylvania, arrived there the day of the murder, and then, she, or at least her cell phone, returned to Iowa.
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