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02/22/2010 06:56 PM

Murder victim's son to testify in Gobert's trial this week

By: Harlan Schmidt

Milton Dwayne Gobert faces charges of capital murder.
Milton Dwayne Gobert faces charges of capital murder.
Testimony began Monday in the capital murder trial of Milton Dwayne Gobert.

Gobert is accused of stabbing his ex-girlfriend's friend, 30-year-old Mel Cotton, to death while attempting to rob and kidnap her.

Cotton's son, who was 5 years old at the time, witnessed his mother's murder. He was also stabbed during the attack. The boy survived, and now at 11 years old, is expected to testify sometime later this week.

The jury heard testimony from law enforcement and other first responders who spoke to the boy soon after his mother was murdered.

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Austin Police Sergeant Eric De Los Santos testified that the boy told him he witnessed Gobert rob his mother.

"I quoted him, he said, 'He took all my momma's purse and money'," De Los Santos said.

Randy Denzer of the Austin Fire Department recounted his ride through rush hour traffic to the hospital with the boy.

Austin Police Sergeant Eric De Los Santos testified Monday.
Austin Police Sergeant Eric De Los Santos testified Monday.
"You know I've been a firefighter for an awfully long time and there are certain calls in your life that sort of stick out, and this is one of them. And the reason it sticks out so much in my mind is because this boy was so calm and collected, it was amazing to me, it was almost surreal," Denzer said.

The defense is hoping to argue that Gobert is not guilty of capital murder because he did not commit the felony of robbery, attempted robbery or kidnapping, while in the process of murdering Mel Cotton.

If convicted of the capital murder charges, Gobert could face the death penalty.