NOTE: This video is previous coverage from 6/18/24

HAMPTON, Va. (WAVY) — The Hampton Commonwealth’s Attorney’s Office said it does not plan to proceed, for now, with prosecuting 30 additional charges against Cory Bigsby, who currently is serving a 45-year sentence for the murder of his son, Codi Bigsby, a court filing states.

It did, however, appear to leave open the possibility of prosecuting Cory Bigsby on those charges at a future date.

That’s according to a motion to nolle prosse provided by Cory Bigsby’s attorney, Amina Matheny-Williard, to 10 On Your Side.

Cory Bigsby faces 24 counts of gross, wanton or reckless care of a child, four counts of child abuse and neglect, leading to serious injury, and two counts of failure to secure medical attention for an injured or battered child.

He was set to appear July 14 in a jury trial on the charges.

In a motion to nolle pross the case, the Hampton Commonwealth’s Attorney’s Office said that its primary witness, who was four and five years old on the dates of offense in the case and is now 8-years-old, “is undergoing intensive counseling and therapy as a result of the Defendant’s actions that led to these charges,” as well as the death of his younger brother, Codi. The primary witness testified against Cory Bigsby when the child was seven.

“Due to his age and the 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, so as to better … protect his mental and emotional well-being,” the court filing states.

The Hampton Commonwealth’s Attorney’s Office said it also had a second witness who is a minor and is also undergoing counseling. It also wants this witness to make progress in therapy before taking part in a jury trial.

Now eight-years-old, “the Commonwealth would like the opportunity for [the child] to continue his counseling and therapy before subjecting him to another trial, so as to better protect his mental and emotional well-being.”

The Commonwealth also mentions they have another witness who is a minor and would like them continue in their therapy before being subjected to a jury trial.

While it is unclear at this time if the court will accept the motion, Cory Bigsby is set to appear before the Hampton Circuit Court for a motion’s hearing at 9 a.m. June 5.

Read the court filing below: