Child Beaten for Taking Birthday Cake Dies

A 9-year-old boy who police say was beaten by his mother's boyfriend for taking a piece of birthday cake has died. 

Officials said Jack  Kirby Garcia had been handcuffed and then beaten 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.

Wilson, 31, was initially charged with first- and second-degree assault, child abuse, and reckless endangerment after allegedly attacking the child June 30, the Hagerstown Police Department said Thursday.

The boy was identified as Jack Kirby Garcia. Police, who had said they would pursue murder charges if the boy died from his injuries, plan to discuss the charges with the state's attorney general. Wilson is currently being held at the Washington County Detention Center on a $600,000 bond.

Oriana Garcia, the boy’s mother, allegedly denied her son medical attention and told police responding to the scene after an adult called 911 that he was simply “congested,” police said. She has not been charged.

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.

Medical services transported the child to Children's National Medical Center in D.C. because of the severity of his injuries.


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Jack's body was taken to the Office of the Chief Medical Examiners in Baltimore for an autopsy.

The investigation is ongoing, authorities said. Investigators met Monday afternoon with the Washington County State's Attorney's Office to review the case. Any new charges in the case will be coordinated with the State's Attorney's Office.

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