Mother, Uncle Charged in Death of Boy Beaten for Eating Cake

The mother and uncle of the 9-year-old boy who died after police say the child was handcuffed and beaten for eating a piece of birthday cake without permission have been charged in his death.

Oriana Garcia, 26, and Jacob Barajas, 23, have been charged with second-degree murder and child abuse in the death of Garcia's son, Jack Kirby Garcia, Hagerstown Police Capt. Paul Kifer said Monday in a news release.

Officials said little Jack had been handcuffed and then beaten on June 30 by Robert Wilson, his mother's boyfriend, who was angry the child had eaten a piece of birthday cake without his permission earlier in the day.

The boy died July 5 at a Washington hospital after being injured June 30.

Oriana Garcia and Barajas allegedly denied the child medical attention, and Garcia told police responding to the scene after an adult called 911 that the child was simply “congested,” police said.

First-responders were called back to the scene about 10:40 p.m. after Jack stopped breathing. Officials found him unconscious and unresponsive with bruises and cuts all over his body, police said.

Oriana Garcia and Barajas were arrested Monday afternoon after detectives learned the pair was planning to travel to the West Coast, police said. They were charged "due to not allowing emergency responders to provide medical treatment to [Oriana Garcia's] son after knowing Robert Leroy Wilson has seriously assaulted him," an update from Hagerstown Police said.

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Barajas handcuffed the child to a chair, police said. 

Wilson, 30, previously was charged with first- and second-degree assault, child abuse, and reckless endangerment. He is being held at the Washington County Detention Center on $600,000 bond.

Kifer said Oriana Garcia and Barajas had abused Jack in the past. 

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