HAMPTON, Va. — Cory Bigsby has been indicted on a murder charge in connection to the death of his son, 4-year-old Codi Bigsby, who went missing last year, sources tell News 3.
Cory has been in custody since February 2022 on charges of child abuse and neglect that were not related to Codi's disappearance.
Now, sources tell News 3 Cory was indicted by a grand jury on Monday on a murder charge.
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In March 2023, Bigsby was transferred from the Hampton Roads Regional Jail to Eastern State Hospital in Williamsburg for a restoration process in hopes that it would help restore his mental capacity to be able to stand trial.
There have been multiple searches, false alarms and court dates since Codi's disappearance.
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The "Codi Fence," a memorial honoring Codi in Hampton, near Buckroe Point Apartments, continues to grow. That's where News 3 met Nancy Strickland, the organizer of We Are Codi's Voice. She shared her emotions about the charges.
"My heart is breaking right now. It's real. He's been indicted for Codi's murder," she said. "I just needed to come and pay tribute to Codi."
However, Codi has yet to be found.
News 3's legal analyst Dr. Eric Claville spoke about the challenges of prosecuting a murder case with no body found.
"As long as there is enough circumstantial evidence of a jury to infer that the victim is dead and the defendant is guilty, then yes, a defendant can be charged and convicted of murder.
But how will this play out in court?
"The prosecution feels they have enough evidence in order to prevent this information to the jury to come back with at least a verdict of guilty if not all charges, then definitely some," Dr. Claville said.
Through it all, search volunteers like Strickland said their focus now is finding Codi's remains to give him a proper burial.
"I would never stop until got answers," Strickland said.
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Here's our timeline of events since Codi's disappearance, as of Monday, June 6.
JANUARY 31, 2022
Codi Bigsby's father, Cory Bigsby, calls Hampton police around 9 a.m., saying his son was missing and last seen in his home in the 100 block of Ranalet Drive in the Buckroe area of Hampton around 2 a.m.
The FBI joined the search for Codi alongside Hampton police and community.
FEBRUARY 2, 2022
Hampton police holds a press conference and declares Cory Bigsby as the sole person of interest. More community members join the effort to locate Codi.
FEBRUARY 3, 2022
Evidence is removed from Cory Bigsby's home, the father of the missing child.
Cory is arrested and charged with seven counts of felony child neglect stemming from incidents before Codi's disappearance.
Court documents show that Bigsby left his children, all under the age of 6, home alone on multiple occasions. Bigsby told police the children were too much of a burden to take with him.
FEBRUARY 4, 2022
Cory Bigsby appears via Zoom for his arraignment on the child neglect charges.
FEBRUARY 8, 2022
Cory Bigsby has his first bond hearing.
The judge denies his bond, citing concern for past violent behavior and an AWOL military conviction.
FEBRUARY 12, 2022
Police investigate after what appeared to be a young boy's jacket was found near Bigsby's apartment. Police never give an update on the clothing.
FEBRUARY 14, 2022
Jeff Ambrose, Cory Bigsby's attorney, says Cory was not at the Hampton Police Department voluntarily for 4 days. Hampton Police Chief Mark Talbot holds a press conference admitting his department mishandled Bigsby's request for a lawyer. Chief Talbot says after a polygraph test, a heated argument broke out between Bigsby and a detective. Bigsby requests a lawyer twice in the middle of the argument and was denied, Chief Talbot said in a press conference.
FEBRUARY 17, 2022
Michael Gaten, Chief Judge for the Hampton Circuit Court, disqualifies all 8th Judicial Circuit judges from the case. The search for a new judge begins.
APRIL 5, 2022
Cory is denied bond for the second time after an appeal hearing.
APRIL 13, 2022
Jeff Ambrose withdraws himself as Cory's attorney citing "an ethical conflict has arisen that precludes further representation" in the motion.
APRIL 14, 2022
Coryhires his own attorney.
APRIL 25, 2022
Amina Matheny-Willard takes over Bigsby's case as his new attorney.
APRIL 30, 2022
Bigsby and his new attorney file a cease and desist against Hampton Police Chief Mark Talbot. The letter asked Chief Talbot to do the following: publicly retract the statements he made regarding Bigsby, cease and desist from making a public comment that could obstruct justice or tamper with a future jury pool, ask the community not to harass or threaten the Bigsby family, and issue a public apology to the Bigsby family for making statements that put their lives in danger.
MAY 10, 2022
The 100-day mark since Codi Bigsby was reported missing.
MAY 11, 2022
Hampton City officially responds to the cease and desist. The City's attorney, Cheran Cordell Ivery, respond on behalf of Mayor Donnie Tuck and Chief Talbot saying Chief Talbot would not retract any of his statements about the disappearance of Codi Bigsby and the police's ongoing investigation into his whereabouts, that no statements made by Chief Talbot obstructed justice or tampered with a potential jury pool, the City does not endorse or condone harassment or threats made against anyone. They say if this occurs, then it should be reported to law enforcement immediately. The City denies that Chief Talbot made statements that put anyone's life in danger.
MAY 23, 2022
Cory Bigsby is denied bond for the third time after his attorney files a motion to reconsider. The judge says there was no change in circumstance for the bond to be considered.
MAY 25, 2022
In an interview with News 3, when asked where he believes Codi is, Chief Talbot says he does not want to speculate, but says there is "no evidence" that Codi is still alive.
JUNE 7, 2022
After Bigsby's attorney files another motion to reconsider, Bigsby's bond is denied a fourth time.
JUNE 15, 2022
A trial date is set after Bigsby is denied bond for the fifth time.
JULY 5, 2022
A grand jury indicts Bigsby on 30 total counts of child neglect and abuse not related to Codi's disappearance.
The new charges in the indictment include 15 charges of child neglect for leaving the children home alone, four more charges of alleged child abuse and two additional child neglect charges in connection to those child abuse charges.
Also, two misdemeanor charges are added for failure to secure medical attention for an injured child.
JULY 15, 2022
Cory Bigsby's family holds a press conference offering a $25,000 reward for information that can help locate Codi or lead to an arrest.
JULY 22, 2022
Two Hampton Roads attorneys, Curtis Brown and Kenneth Singleton, and Peter Hansen from Northern Virginia, are added to Bigsby's council.
AUGUST 19, 2022
The 200-day mark of Codi Bigsby's disappearance.
SEPTEMBER 20, 2022
Bigsby's pretrial hearing is rescheduled. At the center of the discussion is whether attorneys had gone through the appropriate process to have F.B.I. agents in the courtroom to testify. The judge says the process had not been completed. In the pre-trial motion, Bigsby's legal team and the Hampton commonwealth's attorney are expected to debate what evidence should be permitted in Bigsby’s trial scheduled for Nov. 7.
OCTOBER 13, 2022
Bigsby appears in court before his November trial. His attorney asks the judge to throw out any statements he made to detectives during questioning at police headquarters that included a two-and-a-half-hour polygraph test on Jan. 31. After nearly four hours of argument and witness testimony, the judge denies the defense’s motion to throw out that evidence ahead of the trial in November.
NOVEMBER 3, 2022
Bigsby's jury trial is postponed.
DECEMBER 9, 2022
A judge orders Bigsby to complete a competency evaluation. His trial is postponed again.
JANUARY 27, 2023
Bigsby appears in court for the result of the evaluation. He is seen by two doctors to examine his mental competency. The judge says one of them, hired by the defense, was not on the commissioner's list of appointed physicians.
The court-approved physician rules Bigsby was competent to stand trial.
The unapproved physician rules he was not. The judge appoints a third doctor to evaluate Bigsby.
JANUARY 31, 2023
The search for Codi continues one year later.
The vigil for Codi continues to grow all year while the community and volunteer search teams continue to look for any sign of the 4-year-old.
March 31, 2023
A judge finds Cory Bigsby is not fit to stand trial and will be sent to a mental health facility. Bigsby undergoes mental health treatment that will continue to push back his trial.
June 5, 2023
Grand jury indicts Cory Bigsby with a murder charge in the case.
Timeline compiled by Heather Eckstine.
This is a developing story. Stay with News 3 as more details become available.
