HAMPTON, Va. (WAVY) — The father of missing Hampton 4-year-old Codi Bigsby appeared in Hampton Circuit Court on Tuesday morning, where he was denied bond a second time.

Cory Bigsby faces seven counts of felony child neglect not directly related to Codi’s disappearance. His attorney requested another bond hearing after Hampton Police Chief Mark Talbot admitted the lead detective in the case denied Bigsby the right to an attorney.

There are two things a judge considers at a bond hearing: if the person is a flight risk and if they are a threat to the community.

Judge Savage, who was a substitute judge for Tuesday’s hearing after Hampton Circuit Court judges were recused from the child neglect case, decided Bigsby was both. Two key factors when making that decision came down to a prior assault allegation against Bigsby, and an AWOL conviction in the U.S. Army years ago. 

Cory testified the AWOL incident was a miscommunication after he left for a four-day weekend.  However, Commonwealth’s Attorney Anton Bell says a military investigation report revealed he was actually missing for three weeks.

Bell says he was supposed to be in Germany during that time but was in New Jersey instead.

Police say Bigsby is the main person of interest in the disappearance of his son, Codi. The judge also noted that fact in court.

Defense attorney Jeffrey Ambrose went into great detail about the Hampton Police Division’s mishandling of the case. He read a minute-by-minute synopsis of the interrogation period. Ambrose said Bigsby was questioned for 76 hours in total, and 62 hours of that was after he’d asked for an attorney. In fact, he says Bigsby said some variation of he was tired and wanted to leave over 25 times.

10 On Your Side asked Ambrose if he saw Bigsby as a flight risk and threat to the community.

“No, absolutely not. We disagree with that assertation,” Ambrose stated.

A woman who identified herself as Bigsby’s aunt spoke with WAVY News as she left the courthouse.

“I raised him. I know he’s innocent. He’s done nothing wrong. A man goes to serve his country for 20 something years and go home and be treated like this. It’s wrong and I don’t like it,” she said.

In court, Bell alluded to more charges for Bigsby. He also said for the first time, Codi is “still missing but presumed to be deceased.”

Bell told 10 On Your Side he agrees with the judge’s decision to keep Bigsby in jail.

Codi was reported missing over two months ago, on Jan. 31. His dad is the only person of interest in the case. Community volunteers still meet to look for the 4-year-old.

Bigsby’s preliminary hearing is scheduled for June 13.