Homicide

Mother, uncle charged with murder in death of 9-year-old boy who ate cake without permission

  • Oriana Garcia is seen in an undated photo provided by the Hagerstown, Md., Department of Police. Oriana Garcia, 26, the mother of Jack Garcia, and Jacob Barajas, 23, the boy's uncle, were charged Monday, July 13, 2015 with second-degree murder in 9-year-old Jack Garcia's death, Hagerstown Police Capt. Paul Kifer said in a news release. Jack Garcia died after allegedly being beaten for eating a piece of birthday cake without permission. (Hagerstown Department of Police via AP)

    Oriana Garcia is seen in an undated photo provided by the Hagerstown, Md., Department of Police. Oriana Garcia, 26, the mother of Jack Garcia, and Jacob Barajas, 23, the boy's uncle, were charged Monday, July 13, 2015 with second-degree murder in 9-year-old Jack Garcia's death, Hagerstown Police Capt. Paul Kifer said in a news release. Jack Garcia died after allegedly being beaten for eating a piece of birthday cake without permission. (Hagerstown Department of Police via AP)  (The Associated Press)

  • Jacob Barajas is seen in an undated photo provided by the Hagerstown Department of Police. Oriana Garcia, 26, the mother of Jack Garcia, and Jacob Barajas, 23, the boy's uncle, were charged Monday, July 13, 2015 with second-degree murder in 9-year-old Jack Garcia's death, Hagerstown Police Capt. Paul Kifer said in a news release. Jack Garcia died after allegedly being beaten for eating a piece of birthday cake without permission. (Hagerstown Department of Police via AP)

    Jacob Barajas is seen in an undated photo provided by the Hagerstown Department of Police. Oriana Garcia, 26, the mother of Jack Garcia, and Jacob Barajas, 23, the boy's uncle, were charged Monday, July 13, 2015 with second-degree murder in 9-year-old Jack Garcia's death, Hagerstown Police Capt. Paul Kifer said in a news release. Jack Garcia died after allegedly being beaten for eating a piece of birthday cake without permission. (Hagerstown Department of Police via AP)  (The Associated Press)

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

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

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

Oriana Garcia's boyfriend, 30-year-old Robert Wilson, was charged with assault after the boy was injured.

Kifer says Oriana Garcia and Barajas had abused Jack Garcia in the past. Police said Oriana Garcia would not allow paramedics to see the boy when they first were called, saying Jack was just "congested."