HAMPTON, Va. — Cory Bigsby, the Hampton man currently serving a 45-year sentence for killing his son, Codi, will not face child neglect charges following a judge's decision Thursday.
Bigsby was facing 30 child neglect and abuse charges for his four sons, including Codi. The charges are unrelated to Codi's disappearance. However, the charges were nolle prossed Thursday, which pauses prosecution on the charges with the option to bring them back later.
Watch previous coverage: Cory Bigsby's defense wants to move forward with child neglect trial
Hampton Commonwealth's Attorney Anton Bell said he does not want to prosecute Bigsby for now because of his two other children, one of whom who would have served as a primary witness. The delay is because both children are currently in therapy and counseling.
However Bigsby's defense pushed back against Bell's argument, asking the court to move forward with the trial or dismiss the charges.
"The defense is shameful, they should be ashamed of themselves" said Bell.
Bigby's defense said the ongoing uncertainty is unfair to their client, and he says he doesn't want these charges hanging over his head.
Watch previous coverage: Cory Bigsby sentenced to 45 years for killing his son Codi
News 3's Kelsey Jones asked Bell how he felt about the motion.
"It's the right thing to do. At the end of the day, it's not about winning. This man has already received 45 years for his sentence, and truth be told, I wish it was more. But the reality of it is we're not going to jeopardize the mental health of the children just to put a case on," Bell said.
Bigsby was in court and looked unfazed. His defense team spoke to News 3 after the ruling.
"They don't even have the dates for these charges. All the dates say from February 1 of 2021 to February 1 of 2022. What type of charge is that? When did that happen? That's why it's not fair," said lead defense attorney Curtis Brown.
Bigsby's attorney says they will appeal the decision.
