JUN 22, 2023
It's a mystery hanging over the community's head...where is Codi Bigsby? That mystery is now leading to a "no body trial" for his father, Cory Bigsby.
www.13newsnow.com
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"They're not very common, but there are 10 known such cases in the state of Virginia," said Harvey Bryant, former Virginia Beach Commonwealth's Attorney.
Bryant, who previously served as a U.S. Attorney, said because there's no physical body to prove Bigsby is somehow involved in Codi's disappearance, prosecutors will have to rely on circumstantial evidence.
"Well, people ask, circumstantial evidence, what is that? It can be just as powerful as direct evidence," Bryant said. "We base our lives on our actions on circumstantial evidence. We get up in the morning and the streets are wet and our cars are wet. Even though we didn't see it rain, circumstantially, we know it rained."
Here's where it could get more complicated. Depending on the evidence, Bryant said the judge and jury would have to determine what degree of murder Bigsby could face.
"It could be that an accident happened and they have evidence that Cory Bigsby covered it up. That would be involuntary manslaughter. It could have also happened in a fit of rage, which would lead to a more serious murder charge," Bryant explained as he explored all possibilities of what could have happened.
He went on to say, "That's going to be a challenge for the prosecution and for the jury in determining what level of homicide it was. I believe the judge will let the jury have all of those options depending on what the evidence is."
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