HAMPTON, Va. (WAVY) — In the middle of the search for missing 4-year-old Codi Bigsby, the boy’s family is calling out Hampton leaders on how they’ve handled the case.
On Saturday, the new attorney for Cory Bigsby, Codi’s father, issued a cease and desist order against several Hampton officials.
The order, obtained by 10 On Your Side, alleges that Hampton Police Chief Mark Talbot, Mayor Donnie Tuck and City Attorney Cheran Cordell Ivery have all made statements that are “reckless, dangerous, and create conditions where the Bigsby family could be targeted for more harassment and potentially violence.”
The cease and desist comes days after Cory Bigsby obtained Norfolk-based Attorney Amina Matheny-Willard days after his previous attorney withdrew as counsel.
She demands that Talbot publicly retract his previous statements, ask the community to not harass the Bigsby family and issue a public apology to the Bigsby family for making statements that put their lives in danger.
The paperwork also says Talbot’s comments during the investigation have brought additional emotional and physiological injury to some of Codi Bigsby’s family members.
Matheny-Willard, who’s also representing the family in the civil matter, highlighted two incidents.
The first was on Feb. 25 when Talbot is quoted as saying “I could give you more direction if the people who said they love Codi Bigsby gave us more direction.”
The second was on Feb. 28. Matheny-Willard said several members of the Bigsby family came to Virginia from out of town to help move items from the Bigsby home. While doing that, they were approached by several people.
She then links a Facebook Live video from a community member that recorded the incident.
One comment made in the social media recording by the community member to the family says, “All of em’ got somethin’ to do with his disappearance. All of them.”
Paperwork says because of this verbal attack, one of the family members had a panic attack and some members have had to have treatment for depression and PTSD.
Earlier this week, 10 On Your Side obtained documents that showed Matheny-Willard had put in a motion for discovery and exculpatory evidence in Bigsby’s case.
The documents stated that Matheny-Willard has also ordered law enforcement to provide the information listed below:
- Any relevant written or recorded statements made by Bigsby to law enforcement
- The full name and title of all police officers that participated in the incident in any way
- Disciplinary records of any and all police officers that participated in the incident in any way
- Any and all body-worn camera/dashboard video recordings of police encounters with Bigsby
- Bigsby’s criminal record
Matheny-Willard has forwarded the motion to Hampton Commonwealth’s Attorney Anton Bell and is asking for all information and/or evidence available from the Hampton Commonwealth’s Attorney’s Office regarding the case.
10 On Your Side reached out to city leaders named in the order.
City Attorney Cheran Cordell Ivery provided this statement on Monday: “The City is in receipt of the letter from Mr. Bigsby’s attorney and will not comment on threatened litigation, nor will it comment on the active criminal investigation into the disappearance of Codi Bigsby.”