Thomas Duroy, a Cold Case Detective with the Montgomery County Sheriff’s Office spent most of Friday morning on the stand testifying in the capital murder case of Donald Collins who is accused of throwing gas on 8-year-old Robert Middleton and lighting him on fire. Middleton died of cancer related to his burns in 2011.
Duroy who has been a Cold Case Detective with the Montgomery County Sheriff’s Office since 2006 talked about the utilization of DNA from 1998 , 2006 and now, He explained with cold cases they have a bit more latitude in submitting DNA to the DPS Crime Lab which sometimes can take a year for results or to private labs which are much faster. DPS allows up to ten items and then after a return an additional ten can be submitted. He and his partner Detective Greenwood can sometimes handle as many as 30 to 40 homicide cases a year and talk with hundreds of witnesses. THat in comparion to a detective who usually tries to get as much information in the first 48 hours.
With cold cases the problem is witnesses die, witnesses are no longer in the same general area and sometimes can live in other states. As in this case where they had to travel to New Mexico, Alabama and Mississippi to interview witnesses after they were assigned the case on May 6, 2011.
He explained more and described some of the evidence destroyed in this case. That, after the reworking of the Crime Lab in 2006 and a technician subbmitting the items to a Montgomery County judge for destruction orders. Law enforcement take in thousands of pieces of evidence a year. In Texas there is a statute of limitations which either two or three years after a crime it cannot be pursued any longer. The exemption is murder. In the Collins case it was filed as an aggravated assault in 1998 when Collins was 13-years-old. After 3-years the statue of limitations ran out so the evidence legally wouldn’t be needed any longer. Little did anyone know that 5 years later Robert Middleton would die of cancer which is linked to his burn injuries and capital murder charges would be sought on Collins. The items he described has some significant value such as a Bic lighter where new technology could have recovered DNA from the striking wheel. Other items included, a plastic Tampico orange juice jug with liquid, two burnt pieces of metal possibly from a marine gas can fuel gauge, a boat fuel tank which was not part of the case but was loaned by a marine supply for comparison testing. two Marlboro cigarette butts, pair of blue shorts of Collins, his sandals, 27 photos from Shriners Hospital (negatives were not destroyed), a plastic bag of burnt clothing. Also some clothing of Rex Taylors which had tested negative for gasoline.
Also several persons who provided statements after the incident had passed.
Two other suspects were looked at, Rex Taylor and Middletons young friend who was going to spend the night with Robert the night of the incident, Humberto Pedia. Rex was cleared by many witnesses as he was with several other children at the time of the incident some 4 miles away , swimming at the San Jacinto River. Rebecca Crossno, the mother of Dustin Crossno, after hearing of Rex Taylor being implicated immediately went to the river to retrieve the Scogins children, Crossno and Rex Taylor.
Humberto was also mentioned as being seen riding a bicycle on the trail and was the boy who Middleton called and whose home Middleton was going to when it happened.
David Peacock was also names but eliminated as he was not in the area at the time of the incident but at a friends on Morgan Cemetery.
Duroy told of when he attempted to talk to John Horn Jr. , as they sat in the detective car Horn Sr. pulled up , opened the door of the patrol unit and asked what Jr. was doing talking to the detective. “They aren’t your friends”, he told his son. Horn Sr. finally also talked with detectives.
Duroy traveled to Amarillo to talk with TDCJ inmate Terry Karnes who sent a letter telling Duroy he had information on the case. After getting some good information from him, Duroy returned and started questioning person who were around Karnes at the time and discovered he had not been truthful and in fact had no personal knowledge of the case.
Duroy and Greenwood were never able to find an eyewitness or link any physical evidence to Collins. Robert Middleton had named many people who had doe it while in Shriners Burn Center under medication, not just people but animals and trees.
After talking with all witnesses which were 115 he discovered some 60 who had not been talked to before , Duroy was convinced the Donald Collins was responsible for tying Robert Middleton to a tree, dousing him with gas and lighting him. Even after one witness described Rex Taylor running from the scene, with blonde wavy hair, she was in fact describing Collins as Rex Taylor had almost a crew cut.
Duroy took the stand with one large binder of files. The binder was one of sixty-one containing information in the investigation.
Just before the noon break Sandra Holloman took the stand. She testified she was best friends of Collins cousin and was attending a birthday party a few days after the incident. She and her friend snuck out of the house late one night for a swim. Collins was out there she said. Collins told her and her friend that he had tied Robbie up to a tree and burned him. She testified he had a smug look on his face at the time. When asked why she didn’t relay that to the police in 1998 she said she was scared of the family and never repeated it.
Testimony continues Friday afternoon with several inmates of Collins over the years who heard him brag about it.
