Clearfield • The parents of Astrid Valdivia on Tuesday said they are "almost 100 percent sure" the girl killed in a shootout in Washington state is their 13-year-old missing daughter.

Anthony Allen Martinez, 31, was shot and killed in a gunbattle outside a Walmart store in Port Orchard, Wash., on Sunday after he was approached by police. Two officers were injured in that gunfight, and a young girl was also killed. Washington officials have not yet identified the victim, but they are awaiting dental records from Utah to determine whether it is Astrid, said Washington State Patrol spokeswoman Krista Hedstrom.

Chris Bateman, a family spokesman, said Astrid's parents are almost positive she is the girl who was killed.

"The family is grieivng a lot right now and they just want closure so we can lay her to rest," he said.

Astrid was last seen at 10 p.m. on Jan. 18 in a South Salt Lake foster care facility, where she was placed by the Department of Child and Family Services after police found her with Martinez in California on Oct. 5. The girl was wearing an ankle monitor, which she disabled and removed.

Martinez's family said he and the girl's mother, Jackalyn Rimola, were in a relationship and were living together, during which he would often take care of the woman's children. But when he found out she was still married, he broke off the relationship. Bateman said Martinez had lived with the family years ago, and he and Rimola were just friends. After not having seen Martinez for years, the family ran into him again in April, when he and Astrid apparently reconnected, her family said.

"In September when she ran away the family had no knowledge of them speaking or even meeting [together] before then," Bateman said. "There is no way that the Valdivia family would allow their 13-year-old daughter to have anything to do with a 31-year-old man."

Martinez's brother and sister said he was not romantically involved with the teen, despite suggestions by police that the two "considered themselves boyfriend and girlfriend."

Bateman said Tuesday Astrid's family is sure the pair "were lovers," but could not elaborate.

Crissty Werner, Martinez's sister, said Astrid was troubled by her family situation and continued to seek help from Martinez. That led to her running away to California with Martinez, for which was charged with kidnapping. He pleaded not guilty and was scheduled for a hearing this week.

"I just wish they would have got some help for their family so that this wouldn't have happened to my brother," Werner said. "It wasn't his job to take care of them."

In a statement, the Valdivia family disputed whether Martinez was trying to help the girl, who was reportedly suicidal.

"The thing we would like to know is if Anthony Martinez was trying to help Astrid to escape from an allegedly broken home, then why did he act unlawfully? If anyone said they are having issues and they will kill themselves, there are steps to take," the statement said. "The steps are not taking a 13-year-old girl out of the state not once, but twice."

Martinez's family claims he also was helping Astrid because the girl's father, Gregorio Valdivia, was abusive to her and her mother.

Rimola filed for a protective order against Valdivia in 2009 claiming cohabitant abuse. She stated in her request that Valdivia yelled at her one time after coming home late from work to take her daughter to school. He also accused her "of being with someone else."

In a previous altercation, Rimola accused Valdivia of yelling at her and hitting her.

Judge Rodney S. Page denied the request for the protective order.

Washington State Patrol on Tuesday said they believe Martinez may have an acquaintance in Port Orchard, which could be why he and the girl were in the state.

When two deputies tried to talk to Martinez in a Walmart parking lot on Sunday, he ran and the deputies gave chase, Hedstrom said.

He turned and opened fire. Both officers were hit, and Deputy Krista Rae McDonald — who was just arriving — shot and killed him. Martinez died of a single gunshot wound to the chest, according to the Kitsap County Coroner's Office.

It's not yet clear who shot the girl, who died later at a Tacoma hospital.

Deputies John Roy Stacy, 50, and Andrew Paul Ejde were each shot in the arm. Stacy was released from the hospital Monday. Ejbe is expected to be released Thursday.

Werner said her brother was trying to get himself back on track, enrolling at Weber State University and trying to clean up his criminal record, which includes a felony conviction for drug possession and misdemeanor convictions for aggravated assault, theft and criminal trespass.

"He was loved very much and his family is grieving," she said.

She did not know why he fired at officers, but said he did not want to go back to jail. She speculated he may have been trying to keep Astrid from being returned to Utah.

"Saving another person's life was worth losing his life to him," she said.

Bateman said he considered Astrid a "regular kid" who loved music and watched movies with her family.

"She smiled a lot," he said. "She was a nice little girl, very close to her sister and brother. ... This is a horrible tragedy for them, especially the sister."

Jason Bergreen contributed to this report. —

Bill would open some DCFS records

Division of Child and Family Services (DCFS) spokeswoman Elizabeth Sollis has declined to comment on the Astrid Valdivia case, citing federal and state confidentiality laws.

The girl ran away from a foster home after she was placed there by the DCFS.

The Utah House of Representatives could take a final vote this week on legislation to clarify what information about children who die in the state's care is made public.

Rep. Merlynn Newbold, R-South Jordan, says one of the bill's primary changes is to make explicit that a limited summary on fatalities — including the deaths of children and adults — be made public as required by the federal Child Abuse Prevention and Treatment Act.