HAMPTON, Va. — Prosecutors in Hampton are asking the commonwealth to "noelle prosque" child abuse and neglect charges against Cory Bigsby more than a year after he was convicted of murdering his son Codi.
This is all according to a motion filed by the commonwealth that Bigsby's attorney, Amina Matheny-Willard sent to WTKR News 3.
Last March, a jury found him guilty of killing his son, Codi Bigsby, in 2021 or 2022. He is currently serving a 45-year sentence for second-degree murder and concealment of a body.
Watch previous coverage: Bigsby set to face child neglect charges after murder conviction
Bigsby had been set to go to trial in July on charges of child abuse and neglect that were unrelated to Codi's disappearance.
He is facing 24 counts of gross, wanton, reckless care for a child (felony), four counts of child abuse and neglect leading to serious injury (felony), and two counts of failure to seek medical attention for an injured/battered child (misdemeanor).
But, according to the commonwealth's motion, one of the primary witnesses in the case is one of Cory Bigsby's other children, who was 4 and 5 years old at the time of the alleged offense.
The motion asks Hampton Circuit Court to "noelle prosque" the charges, from the Latin "not wish to prosecute," but they could bring the charges up again at a later date.
Watch previous coverage: Cory Bigsby sentenced to 45 years for killing son Codi
Now 8 years old, the child is "undergoing intensive counseling and therapy as a result of the defendant's actions that led to these charges," the motion reads.
It also says the child is a sibling of Codi.
"Due to his age and serious nature of these charges, the commonwealth would like the opportunity for [the child] to continue his counseling and therapy before subjecting him to another jury trial to better protect his mental and emotional well-being," the motion reads.
Bigsby's trial was set for July 14, and it was supposed to last four days.
Watch related: Police bodycam footage shows search of Bigsby home day Codi is reported missing
Codi was reported missing by Cory Bigsby on Jan. 31, 2022. To this day, Codi’s body hasn’t been found, but law enforcement believes he’s dead. It was a rare case for prosecutors, who charged and convicted a murder crime without a body.
Codi's disappearance garnered widespread attention in the Hampton community and beyond. Shortly after he was reported missing, citizens organized search parties and worked to spread awareness about his disappearance. As time passed, community members continued to organize vigils for the toddler.
In the aftermath, a new CODI Alert was created in Codi Bigsby's memory.
Watch related: CODI Alert implemented by Virginia State Police
The CODI Alert applies to a missing or endangered child who “is 17 years of age or younger or is currently enrolled in a secondary school in the Commonwealth, regardless of age.” The child’s “whereabouts are unknown” and their disappearance is “under suspicious circumstances or poses a credible threat as determined by law enforcement to the safety and health of the child and under such other circumstances as deemed appropriate by the Virginia State Police.”
