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Texas burned-boy case set to go to judge

Published On: Mar 05 2014 12:22:11 PM CST
Updated On: Mar 05 2014 03:49:07 PM CST

CONROE, Texas (AP) -

A decision on whether a Southeast Texas man will be tried as an adult for allegedly dousing a boy with gasoline as a teenager in 1998 will soon be in the hands of a judge.

Testimony concluded Wednesday at a court hearing in Conroe to determine if 28-year-old Don Willburn Collins will be tried for murder in the death of Robert Middleton. Collins was 13 at the time.

Closing arguments in the hearing are scheduled for Wednesday afternoon.

Authorities allege Collins poured gasoline on Middleton on his eighth birthday and set him on fire. Middleton survived but died in 2011 from skin cancer that authorities say was caused by the burns.

Collins' attorney is questioning the constitutionality of the case.