updated 8/23/2007 11:52:10 AM ET 2007-08-23T15:52:10

A grand jury indicted a former police officer on murder charges Thursday in the death of his pregnant girlfriend, whose 2-year-old son was left alone in an apartment to tell police: “Mommy was crying ... Mommy’s in rug.”

Bobby Cutts Jr. could receive the death penalty if convicted in the June death of Jessie Davis and her unborn child.

The murder indictments allege that Cutts killed Davis, terminated her pregnancy, and caused the death of a viable 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.

His attorney, Myron Watson, said he would comment after he had a chance to review the indictment.

Myisha Ferrell, a high school classmate of Cutts, was indicted on charges of obstructing justice and complicity in helping dispose of Davis’ body.

Father of unborn baby?
The indictments alleges that Cutts killed Davis at her home on June 14, and that his actions put their son, 2-year-old Blake Davis, in danger. Davis’ family says Cutts was also the father of the baby girl due July 3.

Davis was reported missing after her mother went to her home and found Blake in a dirty diaper, the bedroom furniture toppled and a pool of bleach on the floor.

Blake provided authorities with the first clues, saying: “Mommy was crying. Mommy broke the table. Mommy’s in rug.”

Davis’ disappearance drew national attention as thousands of people searched the area surrounding her northeast Ohio home. Her body was found nine days later in a remote park about 25 miles away. She was still carrying a nearly full-term fetus, authorities said.

Earlier this month, Summit County medical examiner Lisa Kohler said she was unable to determine how Davis was killed. Kohler ruled that the manner of death a homicide but offered no other details, listing the cause as “unspecified homicidal violence.”

Investigators had previously stated that the advanced decomposition of the body would make determining a cause difficult. They provided no further details in announcing the indictment Thursday.

Cutts and Ferrell are to be arraigned Friday in Stark County Common Pleas Court. Cutts is being held on a $5 million bond.

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