CONROE, Texas -

A decision on whether a Montgomery County man will be tried as an adult for allegedly dousing a boy with gasoline as a teenager in 1998 will soon be made.

Both sides had the chance to make their case before the judge. Now it's up to a judge to decide if the suspect will be classified as an adult.

In a striped, county jail suit, with chains around his waist and hands, Don Collins took the stand. Under oath and under the suggestion of his attorney, Collins vowed to say nothing about the case.

"I will remain silent," he said.

The county attorney wanted to certify Collins as an adult. He is now 28 years old. But he was 13 when more than 99 percent of 8-year-old Robbie Middleton's body was burned. Both sides made their final arguments to the judge.

"What the county attorney is seeking to do is to apply a law that was not even in effect at the date of the incident in this case," said defense attorney Tay Bond.

"I also ask the court to find that there is probable cause to believe that Don Collins is the one that did commit the offense," said Montgomery County Attorney Marc Brumberger.

Witnesses claimed in court they heard Collins confessing to tying Middleton to a tree and dousing him with gasoline and setting him on fire in 1998. He died in 2011 from skin cancer prosecutors say was cased by his injuries. Because of this, they said it was murder. Middleton's mother agrees.

"The defendant is so dangerous. We don't want him to get out and harm another child and it's in any way going to be our fault," said Colleen Middleton.

All sides admit some evidence has been destroyed as the statute of limitations ran out on what was first considered an aggravated assault case.

The judge is expected to announce her decision Thursday morning in court at 8:30 a.m. Local 2 will bring you the decision when it happens.