Man pleads not guilty to burning attack of boy 16 years ago

MONTGOMERY COUNTY, TX (KTRK) -- A Montgomery County man pleaded not guilty Thursday as a trial date was set for a horrific crime he's accused of committing as a child.

Donald Collins, 29, is charged with capital murder in the death of Robbie Middleton.

Middleton died in 2011, more than a decade after he was tied to a tree and set on fire. Doctors say his death was directly related to the severe burns he suffered on his eighth birthday.

In a death bed video interview, Middleton named Collins as his attacker. Middleton also told investigators Collins sexually assaulted him weeks before the attack.

A grand jury indicted Middleton last month. On Thursday, a judge set a tentative trial date for January 5.

"There were a few years where I couldn't believe nothing was happening and thought we'd have to wait 'til we're dead for justice," said Middleton's mother, Colleen Middleton. "We're petty good at the wait, we can do that. Six months is nothing, we've waiting 16 years."

Because Collins was only 13 at the time of the crime, he will not face the death penalty. His attorney plans to file for a change of venue because of the publicity surrounding the case.

Collins remains behind bars on an unrelated conviction.