MONTGOMERY COUNTY, Va. – The case of a father accused of concealing the body of his missing 3-month-old daughter will go before a grand jury.
Andrew Terry appeared in a Montgomery County courtroom on Thursday afternoon.
Prosecutors played an interview in court in which Terry told police that he buried the infant’s body in Montgomery County.
He said he had been fighting with the mother of Arieanna Day the day she was reported missing. Testimony revealed a custody feud between the two, who are not married and share no other children. Jessica Day has four other children and admitted in court that she didn't want to be a mother a fifth time.
Terry told officers he went to pick up the baby from Jessica Day, and when he got her, the baby was bruised, but alive. That contradicts Jessica Day's story. Day called police and reported her daughter missing that night.
She told officers she had put her down to sleep at 9:30 p.m. and then discovered her missing 20 minutes later. She then called police about an hour later after exchanging a number of calls with Terry. Terry said he didn’t take the infant to the hospital because he was afraid.
During the interview with police, Terry said he started driving and he believes the baby died sometime after that. Terry came to the interview with muddied clothes, which police seized as evidence. Terry initially gave a story about it happening at work, but after police informed him that his story didn't check out, he told police he didn't have an explanation for why they were muddied.
Terry eventually said he buried Arieanna in a shallow grave in the Jennelle Road area near Ellet Road in Montgomery County. Police testified that Terry took them to the area where he said he hid the body, but they could not find it.
"I swear to God, she's over there," police testified that Terry said to them.
The court found there was enough evidence to send the case against Terry to the grand jury.
Arieanna's grandmother, Sophia Bryant, continues to profess her daughter's innocence.
"We need to come to a closure and he won't tell where the body is at, so therefore in my eyes, he's guilty of murder and I'm done with it," Bryant said.
In September, Terry was arrested and charged with illegally concealing a body.
Last week a judge allowed Terry out of jail on a $50,000 bond. The case is scheduled to go before a grand jury on January 8.
The body has still not been found.
Terry told 10 News cameras "God bless" as he walked out of court with family and friends by his side Thursday.