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Cory Bigsby to undergo mental evaluation hearing, no decision made on ability to stand trial

The decision came less than a week after he was charged with murder and concealment of a body in the death of his son Codi.

HAMPTON, Va. — The Hampton man charged with murdering his 4-year-old son will undergo a mental evaluation hearing.

The decision came during a Wednesday court hearing to determine if Cory Bigsby is mentally competent to stand trial, less than a week after he was charged with murder and concealment of a body in the death of his son Codi. 

READ MORE | Cory Bigsby murdered son Codi in June 2021, 7 months before reported disappearance, court documents claim

During the hearing, Bigsby’s defense team told Judge James Hawks they didn't agree with the latest doctor’s evaluation that said he was competent to stand trial.

The defense requested a mental evaluation hearing where they can call on witnesses to talk about the report and past doctors' evaluations, which the judge granted.

A date hasn't been set, but it could likely happen in July or August.

The mental evaluation comes after Hawks ordered a doctor's examination of Bigsby to determine his "competency and sanity" in December 2022.

A month later, a second examination was ordered after a dispute between the findings of the court-appointed doctor, who said Bigsby was competent, and the defense-hired doctor, who said he was incompetent.

In late March, Hawks ordered Bigsby to undergo mental health treatment.

Before Wednesday's hearing, a doctor from the Southern Virginia Mental Health Institute wrote to Hawks advising that Bigsby's competency to stand trial has been restored. 

Court documents show that Bigsby is accused of murdering his son "on or about" June 18, 2021, and doing something to conceal his body with malicious intent and hide the crime from law enforcement. 

The child was reported missing seven months later, on Jan. 31, 2022.

In addition, Bigsby is facing several child neglect charges not related to his son's disappearance.

Bigsby's family maintained his innocence on Wednesday. Bigsby’s sister Tandaleyia Butler said the June timeline isn’t possible.

"I want to say September he was at my house," Butler said. "I know for a fact in December a relative was at his house and Codi was very well alive. So the timeline of June, it’s a lie.”

Also on Wednesday, Bigsby’s attorney, Amina Matheny-Willard, requested a bond hearing on the murder charges Bigsby faces, as well as the child neglect charges. That hearing date is next Wednesday.

Matheny-Willard also said she plans to sue Hampton Roads Regional Jail. She said she believes the murder charges Bigsby now faces, could stem from an August statement she believes Hampton Roads Regional Jail correctional officers coerced him into writing. But, she won’t share what it said.

“I think that they put him where he is now mentally," Matheny-Willard said. "They did what they could to coerce a statement from him and I think it is deeper than what we know.”

A spokesperson for the jail sent us a statement from HRRJ leaders who say they don't coerce or suggest information concerning legal proceedings to anyone in their care:

"The Hampton Roads Regional Jail is the element of the Criminal Justice System responsible for the detention, care, and custody of persons committed by the judicial arm of the law. We do not engage in the criminal investigation of crimes or suspected crimes of those committed to our care.  Under no circumstances do we coerce, invite, ask, or suggest that persons committed to our care volunteer any information concerning their legal proceedings. However, should a person committed to our care voluntarily provide information concerning their case, or any legitimate criminal case, we, as law enforcement officers, are obligated to report the same to the Commonwealth’s Attorney for further investigation. At no time was Mr. Bigsby, mistreated or coerced into making any statement concerning his missing child while in our custody.” 

Bigsby has been behind bars since Feb. 3, 2022, and his bond has been denied six times as he awaits a trial.

Since Codi's disappearance, search teams and the public have banded together at different times to search for the child, but he hasn't been found yet.

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