Man Convicted of Capitol Murder After Horrifying Burned Child Case

Photo Credit: Chron From the moment he was doused with gasoline and set on fire until his last breath in 2011, Robert Middleton spent every day fighting — for life, for health, for respite from pain, for a return of the happiness and carefree attitude that was his by nature. But the one thing he never got to do was fight back.

On Monday, a jury in Galveston stepped forward in his absence and convicted Don Willburn Collins of capital murder, almost 17 years after the attack that horrified the community of Splendora and all but defied the legal system to do anything about it.

Collins, whose trial now moves into the punishment phase, faces a maximum of 40 years imprisonment because he was only 13 at the time of the assault, not old enough for the full range of adult punishment. For Middleton’s parents, however, the conviction was satisfaction enough. They never knew if Collins would be forced to answer for the inexplicable assault on a wooded path behind their home, just hours after Robert was to celebrate his 8th birthday with cake, presents and a sleepover.

“We wanted to make sure people knew what kind of person he was,” Colleen Middleton said. “I didn’t think we’d see this day, really” . . .

The Middletons won a victory in civil court in 2011, but there was no criminal prosecution until a new state law and a new Montgomery County district attorney changed the landscape. Previous prosecutors had told them that “contradictions” in various stories made the case too shaky to take to court. (Read more about the conviction of capitol murder from the burned child case HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE.