A man has been charged with capital murder after a nearly yearlong investigation into the death of a 3-month-old child.
The Mississippi Bureau of Investigation charged Cody A. Embrey, 28, of 300 Woods St., Chunky, on Dec. 6 with capital murder and contributing to delinquency or neglect, permits the continuing physical or sexual abuse of a child. By state law, capital murder can only be charged if murder occurs during another felony crime.
MBI spokesperson Bailey Martin directed the Newton County Appeal in an email to submit an open records request to obtain a copy of the incident report. The Appeal filed an open records request on the matter. R.E. Wentworth, Public Records Administrator for the Mississippi Department of Public Safety, said they expect to have a response on the request by Dec. 30.
“This is an open investigation; no further comment will be made by MBI at this time,” Martin said.
Newton County Sheriff Joedy Pennington said the incident stems back to the death of a 3-month-old child in late December 2021. On Dec. 28, 2021, the child was taken to UMMC hospital and later died.
“After MBI received the medical examiner’s report, they charged Mr. Embrey with capital murder,” Pennington said. “MBI is the lead investigator for the case. I cannot comment on their case.”
Pennington said Embrey has posted his bond of $200,000, set by Justice Court Judge Justin Chaney, and has been released from the Newton County Jail. As of Friday, Pennington said they have not had a preliminary hearing on the case.
