HOUSTON -

In 1998 Robbie Middleton was 8 years old when he was catastrophically burned over 90 percent of his body. Sixteen years later the man accused of this crime will finally go to trial.

A Montgomery County grand jury indicted Don Wilburn Collins, 28, of capital murder Thursday, clearing the way for a trial later this year. Collins was only 13 at the time prosecutors say Middleton was doused with gasoline and set on fire to cover up a sexual assault.

In March a Montgomery County judge certified Collins to stand trial as an adult in this case. While Middleton was set on fire 16 years ago, he did not die until 2011.

Prosecutors argue Middleton's death is still murder because he died from a specific type of cancer caused by his injuries.

Prosecutors say Middleton was finally able to formally accuse Collins of the attack shortly before his death.