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Guilty pleas set in slayings
20-year-old shot his mother and stepfather in their home

Tuesday, February 25, 2014

By DEBBIE HALL - Bulletin Staff Writer

Zachary Bailey pleaded guilty Monday to shooting his stepfather before turning the .38-caliber weapon on his mother.

Bailey, 20, pleaded guilty Monday in Henry County Circuit Court to two counts of first-degree murder in connection with the July 15-16, 2012, shooting deaths of Charles “Darryl” Fain and his wife, Kathy Fain, in their Villa Heights home. Bailey told police he had been beaten and called “a bum” and said the couple deserved it, according to a statement of facts read in court Monday by Assistant Henry County Commonwealth’s Attorney Dawn Futrell.

Five weeks before the shooting in their home at 25 Beaver Road, Bailey said his stepfather had “called him a bum and had not apologized,” Futrell said during the hearing.

Bailey said he got Darryl Fain’s .38 revolver and waited for him to return home from his job as an RN in the orthopedic unit at Forsyth Medical Center in Winston-Salem, N.C., according to Futrell and previous reports.

Bailey continued to wait while Fain showered and dressed, Futrell said. Then, Bailey shot Darryl Fain, Futrell said. He saw his mother and shot her, the prosecutor added.

Bailey then noticed that Darryl Fain was “still moving around,” Futrell said. Bailey’s stepfather was shot multiple times, she said.

Seated beside his attorney, Bill Bourland, Bailey responded to a series of routine questions from Circuit Court Judge David Williams with “Yes, your honor” or “No, your honor.”

Bailey did not seem to flinch, nor did his voice falter, as he answered the questions, including when Williams asked if he was pleading guilty because he, in fact, committed the crimes.

Bailey also pleaded guilty to two counts of use of a firearm in the commission of a felony in connection with the deaths. Two charges of maliciously shoot at or within an occupied dwelling were dismissed according to the terms of a plea agreement, Futrell said during the hearing.

After Williams accepted the plea, Futrell read the statement of facts in the case. The summary began on July 18 when, Futrell said, Kathy Fain’s sister-in-law, Michelle Kasey, was concerned after she was unable to reach the Fains by telephone. Kasey decided to go to their home, where she found the doors open and went inside, Futrell said.

Kasey “found Kathy at the bottom of the steps in a pool of blood,” and called authorities, Futrell said. Kathy Fain was 49.

While waiting for investigators to arrive, Henry County Sheriff’s Deputy Mike Hooper drove by on routine patrol, and Kasey stopped him. Hooper went inside the home and “found blood all over the house,” Futrell said.

Investigator Mark Davis, who secured the crime scene, also saw Kathy Fain’s body at the foot of the steps that led to the basement, Futrell said. She said Davis noted there was dried blood around her mouth, Futrell said, noting that Kathy Fain suffered a single gunshot wound to her head.

Authorities also found a bathroom door stuck shut. Using a camera to peer inside, they saw a white male on the floor in a fetal position, Futrell said. Davis described the man to Kasey, who identified him as Darryl Fain, 52. Darryl Fain was shot multiple times.

The two were believed to have been shot on July 15 or 16, Futrell said. Because of the multiple entrance/re-entrance and exit wounds, the medical examiner was unable to determine the number of times Darryl Fain was shot, Futrell said. However, the cause of death was found to be a gunshot wound to his chest, she added.

Kasey told authorities that Bailey also should have been in the home, but he was not, Futrell said.

Bailey was located later that day and was charged in connection with the deaths by July 20, according to reports.

Lt. Eric Winn was told that Bailey said his stepfather “had been beating on him,” Futrell said.

Deputy Austin Norris said Bailey began crying one day while in the exercise yard at the Henry County Jail. According to Futrell, Bailey told Norris that his life was ruined because of the shooting incident.

Later, while in isolation, Bailey said the Fains “deserved it,” Futrell said. Bailey said he also had been told that “he was not going to amount to anything,” she said.

Bailey, who lacked a few classes to earn his high school diploma, remains held with no bond.

He will be sentenced on April 30. Williams said he could receive up to two life terms for the murders, and a mandatory minimum of three years each on the two firearms charges.


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