HAMPTON, Va.— News 3 is learning more details about Cory Bigsby, the father of Hampton boy Codi Bigsby who went missing last year at 4 years old.
On Thursday, a judge found Cory Bigsby is not fit to stand trial and will be sent to a mental health facility. Bigsby will undergo mental health treatment that will continue to push back his trial.
According to a licensed clinical psychologist who has evaluated Bigsby, he fails to understand the gravity of his circumstances.
"First he lost his child, and now he's lost his mind, is essentially where we are," said Amina Matheny-Willard, Cory Bigsby's attorney.
At his hearing, Cory Bigsby faced a judge where a motion was filed by Bigsby's defense team to drop the charges against him. Bigsby faces more than 30 child abuse and neglect charges unrelated to the disappearance of his son.
Glenn Hinnant, the uncle of Cory Bigsby said, "Can you imagine if you was in prison for killing your son, and your son is missing and you don't know where he is?"
Bigsby's mental state has been examined a number of times. His first exam determined he was found competent to stand trial, but that test was conducted by a court-appointed psychologist.
Bigsby's attorney hired their own psychologist who determined he was not competent, but that psychologist was not approved by the court, so their decision was not considered.
Court documents show a different court-approved doctor said Bigsby failed to understand the circumstances of his charges. In addition, Cory he claims he has no recognition of the names of the children listed in the indictment that he had been parenting.
Bigsby's family and their attorney believe his mental health decline is due to him being in jail and his son being missing.
Clinical psychologist Dr. Weare Zwermer has evaluated Bigsby for an undiagnosed formal through disorder, evidence of post-traumatic stress, and some insult or injury to the defendant's central nervous system.
"At some point, you have to look at this and say this is not fair," said Willard.
Bigsby's family and attorneys said Cory's decline in competency is due to his incarceration and his son being missing.
The family believes Codi is still alive, but search volunteers like Nancy Strickland think otherwise.
"I do believe that Codi is no longer with us but I pray every day that he is," said Strickland, who is the organizer of "We Are Codi's Voice."
Strickland and the Bigsby family have not seen eye to eye.
According to Bigsby's attorney, the family is considering taking legal action against Strickland because they don't want her collecting funds on Codi's behalf, for a tribute she's organized.
"It's actually really not on Codi's behalf, it's on everyone's behalf of all missing children," Strickland said. "I just want to put it out there for the missing children in Hampton," said Strickland.
As for Cory, he'll be going to Eastern State Hospital, in Williamsburg, for a restoration process in hopes that it will help restore his mental capacity to be able to stand trial.
Cory is due back in court in June. The defense's motion to drop the case will also be discussed at that time.