HOUSTON – Jurors watched Robert Middleton's taped deposition in court Thursday.
The video was taken by a personal injury lawyer, not long before he died in 2011 of skin cancer. In the video, Robert recalls the attack that happened on his 8th birthday in 1998. "Don grabbed me, turned me around and threw gas in my face," Middleton said.
Prosecutors said Don Collins, who was 13 at the time of the crime, attacked Robert Middleton near his home in Splendora, Montgomery County. Collins is now 29 and standing trial as an adult on four capital murder charges.
Prosecutors say the deposition proves Collins is guilty.
"It was relative evidence where the complainent, Robert Middleton, identified the perpetrator of this act," said prosecutor Rob Freyer.
Soon after the attack, Robert Middleton blamed the attack on a boy named Rex, another neighbor. Rex Taylor was called to the stand among other neighbors and friends of Robert's so prosecutors could try and prove Rex wasn't the attacker.
"We put on a bunch of witnesses, that provided an alibi for Rex who was eliminated very early on as a possible suspect in this case," said Freyer.
But defense attorneys claim there is not enough evidence to prove the case.
Earlier in the trial, Colleen Middleton described to jurors the day her son was set on fire by another child.
She spoke about how excited he had been for his eighth birthday in 1998. That became the day 99 percent of his body was burned.
"It's a long time coming. I'm happy today's here," she said of the trial.
She told the jury that she did not even recognize her own son. She sat just across the courtroom from Collins, the man accused of the attack.
Colleen Middleton said, "I try to look at him as I feel sorry for him really, because his life is just messed up. It's not hard for me. I feel sorry for him."
Robert Middleton's friend, Gordon Pranger, also testified in court Wednesday.
"I'm glad to finally be here; I just wish he was here to say his words about it," Pranger said. Pranger also has experience with severe burns; 98 percent of his body was burned in an accident with gasoline. Pranger said he came to court because his friend could not.
Pranger said, "If it were up to me, a whole lot more than a death penalty that I could give. Just all that I know Robert went through."
"We anticipate the evidence to show that we're dealing with a 13-year-old individual who burned an 8-year-old boy on his birthday. The evidence Mr. Blackburn (prosecutor) indicated that he was going to see a friend of his on his birthday," said Rob Freyer, an assistant district attorney with the Montgomery County District Attorney's office. "It's very emotional. That goes without saying when you have a young boy who went through what Robert Middleton went through. That's the 500-pound elephant in the room. There's no doubt about how horrible this was."
Prosecutors said Collins ambushed Middleton, tied him to a tree, poured gas on him and lit him on fire. Prosecutors said Middleton stumbled, crawled out of woods with his skin melting off. Doctors said the only part of his body that was not burned was a small spot on his foot. His family has waited since 1998 for this case to finally make it to court.
Colleen Middleton said she knew Collins and would get nervous when he was around, fearing he would harm her children. She said he was not allowed nearby.
She said her son was so excited about his eighth birthday that he started talking about it when he turned seven. That day, however, took a tragic turn.
On the day of the attack, Colleen Middleton said the family received a phone call telling her husband to go to the corner because their son had been burned. The boy was found in the road, wearing no clothes and severely burned.
Colleen Middleton said everyone told her not to see her son, and when she did, she barely recognized him. She said he was swollen and his only recognizable feature was a crooked front tooth, which had to be removed.
Colleen Middleton said paramedics told her they were taking the boy to Shriner's Hospital, but he would die.
Robert Middleton did not die that day and lived for many years until he lost his battle with cancer. A reconstructive specialist told jurors on Tuesday that the victim would not have died from cancer had he not been burned over 99 percent of his body.
"They've been sitting in the dark for years. Since I've gotten here, I've been wondering why? Why did it take so long?" asked James Richards, Middleton's brother-in-law. He said, "It is tough. They haven't really had a chance. It's been really tough."
Defense attorneys told jurors to wait and to listen to all of the testimony and see the evidence. They claimed there is not enough to prove the case. They issued a warning saying, "There is going to be a lot of tragic evidence, probably more than any of us will ever deal with."
The first doctor to treat Middleton, Dr. David Herndon, from Shriner's Hospital in Galveston, used photos taken during treatment and explained how the burns had hardened Middleton's skin making it like leather. Herndon said Middleton was all skin and bones, mostly bones.
In their opening statement, defense attorneys predicted that prosecutors would prey on the emotions of the case. They told jurors to listen to the facts and asked jurors to "base your verdict on the evidence and the lack thereof."
The trial is expected to last at least two weeks. A conviction could mean up to 40 years in prison.