Donald "Tank" Wilson has been charged with the April killing of 12-year-old Kholen Germany, even though prosecutors acknowledge he didn't shoot Kholen.

In fact, Mr. Wilson, 19, of Homewood, didn't even shoot at the man who did shoot Kholen, Kevin Johnson, who is in jail on weapons charges and has not been charged with homicide.

Yet prosecutors claim Mr. Wilson started an unbroken chain of events that led to Kholen's death by firing at Kevin Johnson's brother Korey outside the a clothing store in Wilkinsburg. Kevin Johnson returned fire from inside the store, unintentionally striking Kholen.

"We have sort of a bastardized, unique situation where the actual killer was never charged with a crime related to the killing," Mr. Wilson's attorney, Paul Gettleman, argued yesterday before Common Pleas Judge Jeffrey A. Manning.

"They are prosecuting somebody for murder who didn't kill anybody."

Judge Manning replied, "I don't know what a jury is going to think of that."

Mr. Gettleman filed a habeas corpus motion, essentially asking Judge Manning to throw out the case. After hearing arguments from Mr. Gettleman and Assistant District Attorney Lisa Pellegrini yesterday, Judge Manning said he would rule on the motion within 30 days.

Mr. Wilson's trial is scheduled for March 9.

Ms. Pellegrini indicated that Mr. Wilson might also face charges in another killing -- that of Korey Johnson.

Mr. Johnson was a key witness for the prosecution, and he testified at a preliminary hearing that Mr. Wilson shot at him that day because of an ongoing feud between the two men.

Mr. Johnson, 20, was shot and killed outside a Point Breeze gas station in September. Jesse Engram, 19, has been charged with the killing and is "a known associate" of Mr. Wilson, Ms. Pellegrini said.

Mr. Gettleman wants Mr. Johnson's preliminary hearing testimony excluded from the trial because, he argued, portions of it are known to be false.

"There's just seven or eight outright lies" in the testimony, Mr. Gettleman said, adding that Mr. Johnson was trying to cover up his brother Kevin's involvement in the shooting.

Mr. Gettleman argued that the court cannot allow testimony it knows to be false, and defense attorneys never had an adequate opportunity to cross-examine the witness.

Judge Manning delayed ruling on Korey Johnson's testimony until Feb. 8, giving prosecutors time to determine if they want to charge Mr. Wilson in the witness' killing.