Topeka ? A 28-year-old Topeka man has been charged with killing an 8-year-old neighbor girl whose family said she was sleeping when she was snatched from an apartment.

The capital murder charge filed Friday against Billy Frank Davis Jr. gives Shawnee County prosecutors the option of seeking the death penalty.

Davis was found hiding in a bushy creek bed Tuesday morning, just hours after Ahliyah (uh-LEH’-uh) Irvin’s body was found. Davis also is charged with rape of a child, aggravated kidnapping, aggravated burglary, burglary to a residence and criminal damage to property.

Davis is being held in the Shawnee County Jail on $10 million bond. It wasn’t immediately clear if he had an attorney. Calls to the prosecutor’s office rang unanswered, and the jail declined to leave a message for him.