This article has been corrected from a previous version that said Cory Bigsby would be moved from Hampton City Jail. Bigsby will be moved from Hampton Roads Regional Jail.
HAMPTON, Va. — Cory Bigsby, the father of missing child Codi Bigsby, is being transferred to Eastern State Hospital for restorative services and mental health treatment following a psychiatric evaluation by a court-appointed doctor.
Codi Bigsby was just 4 years old when he was reported missing by Cory on January 31, 2022. Days later, on February 2, Hampton police declared Bigsby as the sole person of interest. The next day, he was arrested and charged with seven counts of felony child neglect. The charges stemmed from incidents before Codi's disappearance.
In July, a grand jury indicted Bigsby on 30 counts of child neglect and abuse also unrelated to Codi's disappearance.
The mental examination results presented in court on Friday, March 31, which were used to determine his ability to stand trial for the 30 child abuse and neglect charges, come from the third doctor to evaluate Bigsby’s mental competency.
One of the previous doctors who evaluated Bigsby, hired by the defense, was not on the commissioner’s list of appointed physicians.
Bigsby’s lawyers argued that the other doctor, who found that he was fit to stand trial, had reported false information. His lawyers cited an instance when the doctor provided inaccurate information about where he was raised.
RELATED: Second mental examination ordered in trial of Hampton father of missing child
On January 27, a judge shared that a third doctor, picked by the court, would be selected to evaluate Bigsby.
On Friday, March 31, the doctor said they “had concerns” about Bigsby’s mental competency, adding that he “failed to appreciate the gravity of the circumstances.” Hampton Commonwealth's Attorney Anton Bell argued that wasn’t enough to make him incompetent, and said the trial should still move forward.
RELATED: 1 year into case of missing Hampton toddler: Where is Codi Bigsby?
After hearing the doctor’s findings, the judge decided to send Bigsby to Eastern State Hospital in Williamsburg. He will be moved from the Hampton Roads Regional Jail to Eastern State Hospital within the next ten days.
At the facility, Bigsby will undergo “restoration services” to try and restore his ability to stand trial. This will entail mental health treatment.
After the hearing, the Bigsby family and his attorney held a press conference, where they said they believe his decline in competency is due to his incarceration, the jail's conditions and his son being missing.
"Can you imagine if you were in prison for killing your son, and your son is missing, and you don't know where he is?" said Cory's uncle, Glenn Hinnant.
The Bigsby family says they believe Codi is still alive but believe he is being sex trafficked. They say Hampton Police have not done enough to locate the missing boy.
"I believe in my heart, I know Codi is alive. But I believe he's being trafficked somewhere," said Cory's aunt, Jeannette Hinnant. "I believe that my nephew is alive and one day he'll be returned."
Bigsby's attorney, Amina Matheny-Willard, also filed a motion for the case to be dismissed and all charges to be dropped. She claims that on August 3, Bigsby wrote a concerning letter inside of the jail that was found by a correctional officer.
She would not disclose what was in the letter but said it was not a suicide note or a confession. The letter was handed over to the Commonwealth's Attorney, but not the defense, according to Matheny-Willard.
"The Commonwealth has an obligation to turn discovery over as soon as practical," she said. "At some point, you have to look at this and say this is not fair."
The defense cited the letter and Bigsby being denied an attorney when Codi first went missing as reasons why the case should be dropped.
Bigsby will be at Eastern State Hospital for about two months before reassessment. He is scheduled to appear back in court on June 14 at 9 a.m.
On June 14, the court will determine if Bigsby's mental competency has been restored and decide if they can move forward with trial. The defense's motion for dismissal will also be addressed then.
Stay with News 3 for updates.
