CANTON — 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 2½-year-old son to be used against him at trial.
Canton Patrolman 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. Author-ities have not said how she was killed.
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 Stark County 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 the unborn child, “baby Chloe.” Cutts, 30, also faces two counts of gross abuse of a corpse and one count each of aggravated burglary and endangering children.
Myisha Ferrell, a high school classmate of Cutts, was indicted Thursday on charges of obstructing justice and complicity to abuse of a corpse. Prosecutors say she helped dispose of Davis’ body.
Trials for Cutts and Ferrell would begin by late September, within 90 days of their arrests, unless defense attorneys waive the defendants’ rights to a speedy trial.
“We’re fully prepared to go to trial,” Ferrero said.
Prosecutors want the trial held in Stark County. Defense attorneys could file for a change in venue because of the case’s heavy publicity.
Cutts’ attorney Myron Watson said Thursday morning that he would comment after he had a chance to review the indictment. Neither Watson nor Ferrell’s attorney John Alexander Jr. could be reached for comment Thursday.