Capital Murder Charge Filed In Child Murder

TOPEKA, Kan. (WIBW) - Prosecutors have left open the possibility they'll seek the death penalty against the man accused of killing an eight-year old girl.

The Shawnee County District Attorney's Office filed formal charges Friday against 28-year old Billy Frank Davis, Jr. The charges include Capital Murder, Rape of a Child, Aggravated Kidnapping, Aggravated Burglary, Burglary to a Residence and Criminal Damage to Property.

Police say Davis sexually assaulted and killed Ahliyah Irvin. The girl's body was found Tuesday morning in a southeast Topeka apartment complex. Family members say a man entered the apartment in which Ahliyah was sleeping and grabbed her. Police found her body about an hour later in another building of the complex.

Officers arrested Davis later in the morning. They found him hiding in a brushy creekbed near the 4400 block of SE Truman.

Davis is being held on $10 million bond.

Prosecutors have not yet said whether they will seek the death penalty. Under Kansas law, they have until seven days after an arraignment to request a proceeding determining whether a defendant will be sentenced to death. The charges filed suggest the case meets the criteria for a capital crime under the aggravating factor that it was the killing of a child under the age of 14 during the commission of a kidnapping with the intent to commit a sex offense.

Funeral services for Ahliyah were held Friday afternoon. A fund to assist the family is set up through CoreFirst Bank.

631 SW Commerce Pl. Topeka, Kansas 66615 phone: 785-272-6397 fax: 785-272-1363 email:
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