Topeka ? A judge will decide this summer whether there is enough evidence to try a 28-year-old Topeka man in the sexual assault and killing of an 8-year-old neighbor girl.

The Topeka Capital-Journal reported that the preliminary hearing for Billy Frank Davis Jr. is set for June 12 and 13. Davis faces a host of charges, including capital murder, in the March 13 killing of Ahliyah Irvin. The capital murder charge could allow prosecutors to seek the death penalty.

Family said Ahliyah was sleeping when she was snatched from her apartment. Her body was found after a brief search of her housing complex. Later that day, Davis was found hiding in a creek bed.

Davis is jailed on a $10 million bond. His attorney’s office has declined to comment.