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Updated 03/02/2010 07:33 PM

Gobert found guilty of capital murder

By: News 8 Austin Staff

Milton Dwayne Gobert was found guilty on Tuesday of capital murder for the 2003 stabbing death of 30-year-old Mel Cotton.

Cotton's son witnessed his mother's murder when he was just 5 years old and was choked and stabbed by Gobert in the attack. The child, now 11 years old, took the stand last week to testify against Gobert. Attorneys on both sides have stated that the boy's testimony was crucial in the case.

Prosecutor Allison Wetzel said she is satisfied with the jury's verdict and that Cotton's son deserves credit for his brave testimony during the trial.

"It really is all him. He was a very smart kid, very brave and had a lot of detail that he remembered. So it was a frightening experience for him being in the courtroom with the man who did this, and he knew that this was important, and he wanted to do it. So I was very very proud and impressed that he was able to," Wetzel said.

Gobert's punishment will be determined by the jury in the sentencing phase of the trial where he could face the death penalty or life in prison.

After hearing new testimony, the jury will have to determine whether Gobert is a continuing threat to society, and if there are any mitigating circumstances that would call for life in prison instead of the death sentence.

The next phase of the trial is set to continue Wednesday at 10 a.m.