A Montgomery County Judge will allow Don Wilbur Collins to be tried as an adult in the death of Robbie Middleton.
It is a precident setting deicision because If a judge allows it, it would be precedent setting and this is why.
It was back in 1998 when prosecutors say Robbie Middleton (then 8 years old) was set on fire by Collins (13 years old at the time) to cover up a sexual assault.
If Collins, who's now 28, is certified as an adult in this case he could get 5 years to life in prison on a new felony murder charge.
Harris County Attorney J.D. Lambright says the case has remained in juvenile court since the initial crime.
Lambright says since Middleton died in 2011 from skin cancer related to his 1998 attack - Collins should be charged as an adult with murder.