NEW DETAILS: The wife of Bobby Cutts Jr. has filed for divorce amid allegations he murdered his girlfriend and unborn child.
19 Action News has learned Kelly R. Cutts filed the motion Wednesday in Stark County.
Bobby, meanwhile, remains jailed on $5M bond in the murder of Jessie Davis and unborn daughter.
Months before an Ohio police officer was accused of killing his girlfriend and her fetus, a California court suspended contact between him and his 9-year-old daughter based on a child psychiatrist's report that alleged he was emotionally and physically abusive, court documents show.
Bobby Cutts Jr., 30, is accused of killing 26-year-old Jessie Davis and her unborn daughter at her northeast Ohio home on June 14. Davis was missing about a week before her body was found Saturday in a park about 25 miles from her home, still carrying the baby she was due to deliver July 3.
Cutts, being held on $5 million bond on two murder charges, will have a preliminary hearing in Canton Municipal Court next week. Prosecutors must show enough evidence to justify sending the case to a grand jury.
The case will not be heard by a grand jury this week, city Prosecutor Frank Forchione said Wednesday.
"We want to do a thorough and comprehensive investigation," he said.
Hours before Cutts' bond hearing Monday, Stark County Family Court Judge David Stucki dismissed an Ohio custody case between Cutts and his former girlfriend, Nikki Giavasis, over his 9-year-old daughter. Stucki cited the charges against Cutts as one factor in his decision, said Jeffrey Jakmides, an Ohio lawyer representing Giavasis.
Another custody dispute is ongoing in a court in Los Angeles County, where Giavasis lives.
A Superior Court judge there on Jan. 17 granted a request by Giavasis to temporarily suspend visitation rights and telephone and e-mail contact between Cutts and the 9-year-old, citing "evidence of physical and emotional abuse perpetrated on the child."
The decision followed a report by Dr. J.H. Carter-Lourensz that was filed in court on Jan. 11.
"The things she remembered, when put together, made a very credible story of concern," Carter-Lourensz told The Associated Press on Tuesday. "She had the demeanor of a child who was very frightened."
The 9-year-old stayed with Cutts in his home outside North Canton in April 2006 and from June to December 2006, court records show. Giavasis sought the court order after the girl traveled to California to spend Christmas with her mother, Jakmides said.
Carter-Lourensz, a UCLA child psychiatry professor and independent child abuse evaluator, interviewed the girl after Giavasis requested a review. Carter-Lourensz wrote in a follow-up report that the 9-year-old felt "sexually unsafe and threatened verbally, emotionally and physically by Mr. Cutts."
Cutts often would hit or threaten his daughter, but would always laugh afterward and say he was kidding, Carter-Lourensz found in her interview with the girl. Cutts also predicted to his daughter that she would one day work as a Las Vegas stripper, the report said.
Carter-Lourensz also alleged abusive behavior by Cutts against the 9-year-old's half brother, who is Giavasis' son by another man and not related to Cutts. The boy, 5 at the time of the report, said he was "physically abused, mistreated and verbally abused" by Cutts when he visited his sister in Ohio, the report said.
The judge reviewed the report and determined it was enough to keep the 9-year-old in California.
When the judge entered the January order, a March hearing on the matter was scheduled, but documents from the Los Angeles County court do not show whether it was held. Messages left with Cutts' attorneys were not returned.
Carter-Lourensz said Cutts did not travel to California to challenge the order.
A hearing on the matter is scheduled for Monday, the same day Cutts is scheduled to have the preliminary hearing on the two murder counts.
Prosecutors in Canton plan to meet with the Stark County Sheriff's Department to go over evidence and will begin preparing witnesses for the hearing.
Authorities have not determined the cause of Davis' death because of the advanced decomposition of the body. The Summit County Medical Examiner's office is working on numerous tests, including a paternity test and skeletal analysis.
The office released Davis' remains to her family Wednesday, and her funeral is scheduled for Saturday.
Cutts met the mother of his 9-year-old daughter - his first child - when both attended Walsh University in North Canton. The girl has lived with her mother most of her life in California, but Cutts challenged the custody arrangement in 2005.
Cutts' jailing has come as a relief to her daughter, Giavasis said Wednesday.
"She wanted to be away from him," Giavasis said. "She never wanted to be around him. She feels safe now."
Cutts has another daughter, Breonna, born in 2001 to a woman he married shortly thereafter.
Cutts and Davis had a 2-year-old son, Blake, and Davis' family members said Cutts was the father of Davis' nearly full-term fetus.
"There's a lot of little children being absolutely devastated over this," Davis' mother, Patricia Porter, said Monday outside Canton Municipal Court. "We can't forget them."
Cutts' stepmother, Barbara Cutts, on Monday called her stepson a generous man good with kids who coached youth soccer, basketball and football.