The estranged wife of an Ohio police officer being held for murdering his pregnant girlfriend has filed for divorce, FOX News has learned.
Kelly Cutts, who is separated from but still married to Bobby Cutts Jr., filed for divorce on Tuesday, claiming that her husband "has been guilty of gross neglect of duty, incompatibility and ill treatment," according to the Stark County Clerk of Courts' Web site.
Kelly Cutts is asking for custody of the couple's 6-year-old daughter and for spousal support. She also filed for a restraining order against Bobby Cutts, 30, a police officer who is being detained on $5 million bond for the murder of his 9-months-pregnant girlfriend Jessie Davis.
Kelly and Bobby Cutts married on July 28, 2001, and separated in May 2004. A divorce hearing has been scheduled for 2:30 p.m. ET on Oct. 2 in Stark County Family Court.
Meanwhile, months before Cutts was charged with two counts of murder for allegedly killing Davis and her nearly full-term fetus, a California court suspended contact between him and another, 9-year-old daughter based on evidence that he was emotionally and physically abusive, court documents show.
Cutts is accused of killing 26-year-old Davis and her unborn daughter at her northeast Ohio home on June 14. The woman was missing for about a week before her body was found in a Summit County park Saturday, still carrying the baby she was due to deliver July 3.
Hours before Cutts' arraignment Monday in Canton Municipal Court, Stark County Family Court Judge David Stucki — the same judge who will preside over the divorce hearings — dismissed an Ohio custody case between Cutts and his former girlfriend, Nikki Giavasis, over the 9-year-old girl. Stucki cited the charges against Cutts as one factor in his decision, said Jeffrey Jakmides, an Ohio lawyer representing Giavasis.
Another custody dispute involving the 9-year-old girl is ongoing in a court in Los Angeles County, where Giavasis resides.
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, which 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."
Carter-Lourensz found in her interview with the 9-year-old that Cutts would often hit or threaten his daughter, but would always laugh afterward and say he was kidding, the report said. Cutts also predicted to his daughter that she would one day work as a Las Vegas stripper, Carter-Lourensz's 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, Carter-Lourensz said Tuesday.
Carter-Lourensz said the judge reviewed her 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 received from the Los Angeles County court do not show whether it was held. Messages left with Cutts' attorneys were not returned.
Carter-Lourensz said Tuesday that Cutts did not travel to California to challenge the order.
The 9-year-old is Cutts' first child. His other, 6-year-old daughter with Kelly Cutts is Breonna, born in 2001 shortly before the couple married.
Cutts and Davis together had a 2-year-old son, Blake, and Davis' family members said Cutts was the father of Davis' nearly full-term fetus.
Cutts' stepmother, Barbara Cutts, on Monday called her stepson a generous man good with kids who coached youth soccer, basketball and football.
"It's very hard to accept," said Barbara Cutts, 46, a nurse's aide. "A lot of people are looking at him like a bad person, but he's not, he really isn't."
A candlelight vigil was planned for Davis Friday night.
The Associated Press contributed to this report.