A 12-year-old girl testified yesterday that she looked into the eyes of her sister's killer and immediately recognized him as Charles Cabiness.

That prompted District Judge Richard Olasz to hold Mr. Cabiness, 26, for trial in the killing Aug. 22 of Monnica Gay, 38.

Deputy District Attorney Mark V. Tranquilli withdrew a count of retaliation. Initially, the suspect had been charged with shooting Ms. Gay because she had testified as a witness in a preliminary hearing against Mr. Cabiness' brother, Luzay Watson, in an unrelated homicide.

Ms. Gay's brother was gunned down May 14 in St. Clair Village in the same block where she was killed three months later.

Mr. Tranquilli agreed with defense attorney James M. Wymard that Ms. Gay's testimony did not implicate Mr. Watson. So the shooting in August was not clearly retaliation.

Judge Olasz said the girl's testimony at Mr. Cabiness' preliminary hearing yesterday was enough to order the homicide trial.

The girl said she had been at a relative's apartment, using a computer in the living room, when she heard a gunshot outside.

She ran to take a look and saw a man wearing a hoodie, a tassel cap and a bandanna that left only his eyes visible. The man was running away with a pistol in his right hand when the girl said she yelled "Is that Chuck?" to one in particular.

She said the man turned slightly from across Cresswell Street and the two made eye contact before the suspect fled up a small trail through a wooded area.

The girl later identified his photo from an array of pictures provided by police.

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