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.

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

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