HOUSTON – Don Collins was sentenced Tuesday to 40 years in prison after a Galveston County jury took an hour and 15 minutes to deliberate. It was the maximum sentence for Collins allowed under state law for pouring gasoline on Robert Middleton and setting him on fire in 1998.
Collins was 13 when prosecutors say he set 8-year-old Middleton on fire in Montgomery County. Collins is now 29 and stood trial as an adult.
"At the very least, if he gets out, his parents know, it's on record, he's a dangerous person," said Colleen Middleton, Robert's mother.
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She has waited nearly 13 years -- 5,000 days -- for this case to make it to court.
"I'm happy. I'm just going to enjoy this day and not worry about anything else. I'm just going to enjoy the moment. I'm very happy," she said.
In court, prosecutors told jurors that Collins had a history of sex abuse, failing to register as a sex offender, and that he once stomped to death the cat that belonged to Middleton's sister.
"The jury in this case, unlike Mr. Bond continually hammered, did not base this decision on the overwhelming, horrible evidence they saw," said Montgomery County Assistant District Attorney Kelly Blackburn. "They based it on the facts that we presented. It's a strong case. I believe it's a case that's going to stand up."
Collins' attorneys vow to immediately fight the conviction. They said that appeal would include Collins' age when he poured gasoline on Middleton and set him on fire.
"The length of time between the incident when Robert was burned and his death and whether or not the cancer caused that. That'll be an interesting question for the courts," said defense attorney Tay Bond.
Prosecutors said Collins next faces a charge in San Jacinto County for failing to register as a sex offender. They said a guilty conviction in that case could mean an additional 20 years in prison.