(GALVESTON, TX) Thursday marked the third day of testimony in the murder trial of Don Collins, accused of the 1998 burning of 8-year-old Robert Middleton, which resulted in Middleton’s death from skin cancer 13 years later. The attack occurred in Splendora, but the trial was moved out of Montgomery County because of years of publicity regarding the case that might taint a jury pool.
Capt. Bruce Zenor of the Montgomery County Sheriff’s Office was the supervisor of a handful of detectives in 1998 compared to 61 now and was assigned to the case, assisted by then Detective Bill Bucks
Zenor testified that on the day of the burning incident, no detective went to the scene because back then it was normally a supervisor that handled Aggravated Assault reports. Zenor went out the following day and he said he talked with 13-year-old Don Collins in his yard. Collins refused to look him in the eye, Zenor said. Collins’ uncle, John Horne, was also present. According to Zenor, Don Collins commented that he had some burned clothes or Middleton’s and Zenor told him investigators needed them. Collins went inside and emerged with a plastic bag containing burned boxers. Zenor said Horne looked very shocked at seeing his nephew produce the burned boxers. Collins also stated knew Middleton fell four times, but Zenor never found any evidence that was true.
He testified that news media caused issues for investigators at the time because they watched where investigators went to interview witnesses, and then the media approached those people with questions. Eventually, people became leery of speaking with police because of the persistent reporters.
On July 2, 1998, several days after the attack, Robert Middleton’s mother, Colleen, called the MCSO’s Public Information Officer, Denise Janeway, and told her Robert’s ventilator tube had been removed and he was able to speak. She said her son told her “Don” had been the person who hurt him. She said the statement was made in the presence of two nurses. MCSO detectives sent statement forms, which were completed by Colleen Middleton and the hospital staff who heard her son’s statement. They faxed the statements back to the MCSO.
359th District Judge Keeshan signed a warrant for Collins’ arrest. While police waited for paperwork to be completed, Don Collins got in vehicle with a family member and left. Bill bucks then stopped him, took him into custody, and transported him to juvenile detention.
About four minutes of Robert Middleton’s civil deposition, given shortly before his death, was played. In that clip, Middleton gave the gut wrenching details of his attack.
“I got about halfway through, Don grabbed me, turned me around, and threw gas in my face,” he said. “I remember standing up and rubbing my eyes, and then I realized that I was on fire. I heard another person with him, an older person, an adult person, sounded like a guy named “Peacock” but I could be wrong. “
Robbie said he then tried to run from the trail to get home as fast as he could, but was unable see where he was running. He felt more gas run down his back, but never knew who poured the additional gas. When specifically asked if he was previously assaulted by Collins, he said Collins assaulted him a few times before he was burned. Middleton was then specifically asked if Collins ever sexually assaulted him, and he said, “Yes- once, two weeks before the fire. He took me in the woods near the burn site. He pulled my clothes down and started raping me. He put his penis inside me from behind, got up, put his pants on and left.”
In 2006 MCSO was making changes in their property room. A clerk accidentally took some of the evidence in the Collins / Middleton case and marked it for destruction. They were going through the files of anything that had been beyond the statute of limitations. At the time, it was only three years for Aggravated Assault. A judge singed the order and some of the evidence was destroyed.
Another person who testified was identified only as “Robert.” He is now an adult and a business owner. At the time of the attack, he was a juvenile in trouble and encountered Collins when was in custody. He claimed Collins once told him, “If you don’t look out I’m going to burn you like I did Robbie.” He said Collins told him that he was in there for stealing Middleton’s fireworks, and that he burned Robert.
Another family member of Don Collins’ testified. She was very emotional as she recalled being 13 and sitting in the living room on the couch when Collins came in yelling that Robbie’s hair was on fire. She was a friend of Middleton’s, and said he was one of the sweetest friends around. When Collins came in, he acted very shocked and the family ran to the front porch. They saw Middleton run from the trail in flames. “Billy Joe” jumped the fence and told Middleton to drop and roll to put out the flames. She said Robert Middleton was “melting away.” He was in shock, she said, and she couldn’t believe he was talking.
That night, she and Collins, were sleeping on the living room couch. She said Collins couldn’t sleep well, and she asked what was wrong. He said he molested Robbie on the trail, and that “Rex” tied Robbie to a tree, and Don threw gas on him and they lit him.
However testimony by several other witnesses put Rex miles away at the San Jacinto River swimming with friends at the time of the incident.
The witness said the next day, she told an adult family member about it. They said they would take care of it, but nothing was ever done.
When defense attorney Tay Bond cross-examined the witness, he pressed her, asking why two 13-year-olds were sleeping together. She stated it was the only place to sleep. As he pushed a little harder, she said she later got away from the family, and has nothing to do with them. She said family members had molested her
The 911 tapes were played Thursday and jurors heard Colleen Middleton describing what was happening, with dispatchers asking for more details. She was on a land line, with fewer cell phones at the time, and the dispatcher kept asking for information she was unable to give because she couldn’t get closer to her son. The audio revealed hear her yelling the questions down the street, “Are his clothes on? Is he still on fire? How bad is he? Is he breathing?
Finally a neighbor who was closer to where Robert Middleton was at the time called 911 for her.
Testimony wrapped up around 5:30 Thursday and continues Friday, with detectives from the MCSO Cold Case squad.
