CANTON, Ohio - The state will seek to execute a police officer in the death of his pregnant girlfriend, and prosecutors want statements made by the couple's 2-year-old son to be used against him at trial.

Bobby Cutts Jr. was indicted Thursday on three counts of aggravated murder in the June death of Jessie Davis, whose disappearance drew national attention as thousands gathered to search for her near her northeast Ohio home.

The couple's son Blake provided authorities with the first clues, saying: "Mommy was crying. Mommy broke the table. Mommy's in rug."

Whether the toddler's statements would be admissible at trial is up to Common Pleas Judge Charles E. Brown Jr. because of the boy's age, said prosecutor John Ferrero, who wants a jury to hear them.

The three aggravated murder indictments allege that Cutts killed Davis, terminated her pregnancy, and caused the death of a viable unborn child, "baby Chloe." Authorities have not said how she was killed.

Cutts, 30, also faces two counts of gross abuse of a corpse and one count each of aggravated burglary and endangering children. Prosecutors declined to elaborate on the reason for the abuse of a corpse charge.

Myisha Ferrell, a high school classmate of Cutts, was also indicted on charges of obstructing justice and complicity to abuse of a corpse. Prosecutors say she helped dispose of Davis' body.

The indictments allege that Cutts killed Davis at her home on June 14, and that his actions put Blake in danger. Davis' family says Cutts was also the father of the girl Davis was due to deliver July 3.

Cutts' attorney, Myron Watson, nor Ferrell's attorney, John Alexander Jr., could be reached for comment later Thursday.

Davis' mother, Patricia Porter, was informed of the indictment Thursday morning.

"As long as he gets a fair trial and she can explain what happened one day, that's all she cares about," said attorney Rick Pitinii, the family's spokesman.

Porter has custody of Blake and is focused on raising him, Pitinii said.

Asked how Porter felt about the potential of the state executing Blake's father, Pitinii said, "I don't know that she's comfortable with any of this. She's comfortable with the fact that prosecutors are doing their job."

Davis was reported missing when her mother went to her home to find Blake alone, bedroom furniture toppled and a pool of bleach on the floor.

Authorities say Davis was killed in the home near North Canton, about 45 miles south of Cleveland. Davis' body, still carrying a nearly full-term fetus, was found nine days later about 25 miles away from her home in a remote area of a park.

Earlier this month, the Summit County medical examiner said she was unable to determine how Davis was killed, but ruled the manner of death as homicide. Investigators had previously stated that the advanced decomposition of the body would make determining a cause difficult.

Cutts, who was suspended without pay from his job in June, is being held on a $5 million bond. Cutts and Ferrell are to be arraigned Friday.

Cutts faces a minimum of 25 years to life if convicted of aggravated murder. Ferrell faces one to five years in prison if convicted of obstruction, and an additional six to 18 months if convicted on the complicity charge.

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