HAMPTON, Va. (WAVY) — A judge has ordered a second competency exam for the father of missing Hampton toddler Codi Bigsby.
During his court appearance Friday, a judge issued the new competency exam for Cory Bigsby after the defense team found issues with the findings of the first competency evaluation which found Bigsby fit to stand trial.
A judge initially ordered an exam when the defense team called Bigsby’s competency into question back in November.
A second examiner hired by the defense found Bigsby was not fit to stand trial. According to Attorney Amina Matheny-Willard, the reports also found differing information about Bigsby’s background. One report listed his birthplace as Washington D.C. and the other as Lexington, Ky.
However, the judge stated that the report was inadmissible in court because the evaluator hired by the defense team was not on the court’s list of approved psychologists.
“We need to go ahead and get a doctor who’s going to fairly evaluate him,” said Bigsby’s lead attorney Curtis Brown.
Matheny-Willard told the judge she will file a motion to dismiss the evaluation’s findings if Bigsby is found competent. She said the defense team plans to file a motion to dismiss if the new evaluation finds him competent. She said they only pursued the the exams because of information submitted by prosecutors on the eve of the initial trial date.
Four-year-old Codi Bigsby was reported missing from their Buckroe Beach apartment on Jan. 31, 2022. He has yet to be found.
During an April court hearing, Hampton’s top prosecutor said Codi “is presumed to be deceased.”
Family members gathered in court to show support for Bigsby. His uncle, Glenn Hinnant, said he hasn’t been able to visit his nephew in jail, where he’s been for almost a year.
“There’s no proof you did anything to your child,” Hinnant said. “You’ve been locked up for one whole year. The family is hurting. My wife and I, we paying for this whole thing. It’s not about money, but we hurting because he’s hurting. That’s our nephew.”
Cory faces 30 charges, including felony child neglect and abuse. None of the charges are related to the actual disappearance of his son. They stem from instances where police say Bigsby left his children home alone and for failure to secure medical attention for an injured child.
A hearing is now set for March 31.
Check WAVY.com for the latest updates.