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Friend of deceased reacts after Bailey pleads guilty

Tuesday, February 25, 2014

By DEBBIE HALL - Bulletin Staff Writer

A longtime friend of Charles “Darryl” Fain had a difficult time reconciling the man he knew with the man described in court Monday.

Kenneth Wayne Overby of Stuart attended a plea hearing for Zachary Bailey, who was charged with murder in the deaths of Darryl Fain, 52, and Kathy Bailey Fain, 49.

Bailey, 20, pleaded guilty to the July 2012 shooting deaths of the Fains, who were his mother and stepfather.

According to a statement presented in court, Bailey said he had been beaten and that his stepfather called him a bum. Darryl Fain did not apologize and was killed five weeks later, according to the statement.

Bailey said the two deserved to die, according to facts read in court.

Overby said that although he was not in the Fains’ home, he had known Darryl Fain for 35 years or more. The two are part of the same extended family.

“I never heard Darryl raise his voice to anyone,” Overby said of his former “camping buddy. ... We didn’t set our camping schedules together, but we always ran across them two or three times a year” when the two families ended up camping in the same area.

Bailey did not go on the outings, Overby said, and noted that he did not seem to want to go anywhere with Kathy or Darryl Fain.

“Some people love to camp and some don’t,” Overby said, and added that he had not been around Bailey much.

“One of the first times I remember seeing him” was the Friday or Saturday before the Fains were shot, Overby said.

He said he was at Surry County Hospital with Darryl Fain’s mother (Overby’s mother-in-law) when the Fains came in the room with Bailey. Overby said he and other family members were standing near a wall to allow the Fains and Bailey to enter the hospital room.

“I loved to pick on them,” Overby said and grinned. He noted their conversation likely had something to do with the Fains’ dog, which “was always barking.”

Although he was unable to recall his last words to Kathy and Darryl Fain, Overby said Bailey’s behavior stuck out in his mind.

“Zach’s eyes looked this big,” he said, making large circles with his thumbs and forefingers. “It’s what I call bloated,” Overby said. “And he just stared ahead. He just backed up against a wall and with this dead stare” looked at the opposing wall.

Bailey “never spoke, not even to his grandmother,” Overby recalled. “If Darryl was a dominating individual, he would have” at least told Bailey to speak to his ailing grandmother, Overby said.

Overby said he does not think he will return for Bailey’s sentencing in April.

“I just don’t think I want to hear it,” he said.


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