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Bailey gets 42 years
In deaths of mother, stepfather

Thursday, May 29, 2014

By PAUL COLLINS - Bulletin Staff Writer

Zachary Bailey was sentenced Wednesday in Henry County Circuit Court to serve a total of 42 years in prison in the 2012 shooting deaths of his mother and stepfather.

After being ruled incompetent to stand trial, spending several months at Central State Hospital and subsequently being found competent to stand trial, Bailey pleaded guilty in Henry County Circuit Court on Feb. 24 to two counts of first-degree murder in the shooting deaths of Charles Darryl Fain, 52, and his wife, Kathy Bailey Fain, 49, in their Villa Heights home. He also pleaded guilty to two counts of use of a firearm in the commission of a felony.

On Wednesday, Judge David V. Williams sentenced Bailey, now 21, to a total of 40 years on the two first-degree murder charges, of which he is to serve a total of 36 years, with the balance suspended with indefinite probation. Williams also sentenced Bailey to serve the mandatory minimum sentence of three years on each of the two counts of use of a firearm in the commission of a felony, for a total of six years.

Bailey’s attorney, Bill Bourland, said in court that in addition to Central State Hospital, Bailey had received mental health services at LewisGale and Piedmont Community Services. Bourland said Bailey had been diagnosed with a number of conditions and experienced hallucinations.

Bourland said when he talks with Bailey, he normally is mild mannered.

“He (Bailey) knows he’s not right — the words he used — and that he needs help,” Bourland said.

According to a statement of facts read by Henry County Assistant Commonwealth’s Attorney Dawn Futrell at the Feb. 24 court hearing, Bailey told police he had been beaten and called a bum, and he said the Fains deserved it. Bailey said that five weeks before the shooting in their home at 25 Beaver Road, his stepfather had called him a bum and had not apologized, according to Futrell.

The Fains were believed to have been shot in the home on July 15 or 16, 2012, Futrell said at that hearing. Their bodies were found in the home July 18.

Bailey was not there, and he was located and charged July 20, according to Futrell and previous reports.

Bailey said he got Darryl Fain’s 38-caliber 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., and then shot him after he showered and dressed, according to Futrell and reports. Bailey then saw his mother and shot her, Futrell said at the February hearing. She added that Bailey then noticed Darryl Fain still was moving, and he was shot multiple times.

Futrell repeated some of those details at Wednesday’s hearing.

The Fains loved, provided for and tried to get help for Bailey, she said. She added that the victim impact statements indicate the loss and pain other family members feel from the deaths of the Fains. No family members testified Wednesday.

Sentencing guidelines recommended that Bailey receive between 25 years four months and 42 years two months on the murder charges, according to court records. Futrell asked that Bailey be given a lengthy sentence to protect society and send a message that “this is not the way to act.” At one point, Futrell called the shootings “pure evil.”

Bourland pointed out that Bailey saved the commonwealth money and the family an ordeal by not going through a trial, and he asked Williams to take that into consideration in sentencing. Bourland asked for a sentence on the lower end of the range.

During Wednesday’s hearing, Bailey wore an orange prison jumpsuit and was in shackles. Given an opportunity to make a statement in court, Bailey said, “I understand it’s a bad situation for them.”


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