A Texas man is waiting to learn whether he'll be tried as an adult for allegedly dousing a boy with gasoline and setting him on fire when he was a teenager in 1998.

A Texas man is waiting to learn whether he’ll be tried as an adult for allegedly dousing a boy with gasoline and setting him on fire when he was a teenager in 1998.

Don Willburn Collins is accused of attacking Robert Middleton during his eighth birthday. Middleton survived but died in 2011 from skin cancer that authorities say was caused by his injuries. Collins was 13 at the time of the alleged attack.

A judge is expected to rule Thursday whether the now 28-year-old Collins will be tried for murder in Middleton’s death. Collins’ attorney is questioning the constitutionality of moving the case out of juvenile court.

A three-day hearing was held this week in Conroe (KAHN’-roh). If the judge rules against prosecutors, that would end the case against Collins.