The prosecution rested its case yesterday against a Homewood man charged in the "third party" killing last year of a 12-year-old boy in Wilkinsburg, and a judge denied motions to dismiss homicide and related charges.

Common Pleas Judge Jeffrey A. Manning ordered the trial to continue for the suspect, Donald "Tank" Wilson, 20.

He is on trial for third-degree murder, involuntary manslaughter, aggravated assault, illegal possession of a firearm, shooting bullets into an occupied structure and five counts of reckless endangerment.

The charges stem from a gun battle April 18, 2008, in which Mr. Wilson fired into a clothing store on Wood Street in Wilkinsburg, prompting his adversary and store customer Kevin Johnson to return fire from inside the store.

Mr. Johnson has testified that he fired at a figure he believed was Mr. Wilson pursuing him into the store. He said he fired the fatal shot from behind a curtain that separates the back of the business from the shopping area.

Twelve-year-old Kholen Germany -- the "third party" -- fled into the store for cover and was killed by a bullet fired by Mr. Johnson, 25, of Homewood. Mr. Johnson testified this week for the prosecution with a grant of immunity in the death, because investigators believe he fired in self defense.

In cross-examination of prosecution witnesses yesterday, defense attorney Paul R. Gettleman elicited evidence that the suspect, who is 5 feet, 5 inches tall and weighs 220 pounds, has physical dimensions similar to Kholen, who was just under 5 feet tall and weighed 201 pounds.

Korey Johnson, Mr. Wilson's intended target according to the prosecution and a key witness in this case, was killed last October in a shooting at a gas station in Point Breeze.

In denying the defense motions to dismiss the charges, Judge Manning said the jury of eight women and four men had a right to have the entire case presented for the panel's deliberation, however weak the prosecution's case might appear to the defense.

The trial is to resume Monday, with the jury getting its final instructions by Tuesday afternoon, the judge said.

Looking for more from the Post-Gazette? Join PG+, our members-only web site. You'll get exclusive sports content, opinion, financial information, discounts from retailers and restaurants, and more. Our introduction to PG+ gives you all the details.