HAMPTON, Va. — The Virginia Court of Appeals upheld a lower court's decision to grant bond to the Hampton father accused of murdering his 4-year-old son and hiding his body.
The three-judge panel on Feb. 5 sided with the Hampton Circuit Court judge who granted Cory Bigsby an $80,000 bond with restrictions.
“We find no abuse of discretion in the court’s decision to grant Bigsby’s bond motion," the opinion reads.
In the opinion, the judges note Bigsby has no prior criminal record and has no history of failing to appear in court, adding that he has a "presumption of innocence."
Bigsby was in custody for almost a year and a half before being granted the bond, which required him to have an electronic monitoring system and did not allow him to leave home unless he had court appearances or appointments with either an attorney or doctor.
Further, the bond prohibited him from contacting his other children — except his eldest daughter whom he lived with in Norfolk.
Hampton Commonwealth's Attorney Anton Bell, who appealed the bond decision to a higher court, argued at the time against the bond, saying Bigsby could obstruct evidence while out of jail.
The circuit court judge, however, sided with the defense, saying there was no evidence that Bigsby was a flight risk, nor a threat to himself, the family, or the public, as long as he had strict monitoring.
Bigsby's son, Codi, was reported missing on Jan. 31, 2022, and has never been found despite search teams' and community members' efforts.
Following the 4-year-old's disappearance, Bigbsy was charged with murder and the concealment of a body, along with dozens of counts of child neglect and abuse for allegedly leaving his other children home alone, charges unrelated to Codi's disappearance.
Jury selection begins for Bigsby's murder trial next week.