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."