Updated

The mother and uncle of a 9-year-old boy who police say was fatally beaten over a missing birthday cake have been ordered held without bail.

Twenty-six-year-old Oriana Garcia and her 23-year-old brother Jacob Barajas appeared in court Wednesday afternoon in Hagerstown.

They were charged Monday with second-degree murder and first-degree child abuse in the death of Jack Garcia.

Police say Jack was beaten by Garcia's boyfriend, Robert Wilson, June 30 after Barajas handcuffed the boy. Barajas told police Wilson suspected Jack of stealing a birthday cake belonging to Wilson's daughter. The boy died five days later.

Police say Garcia approved of harsh discipline for Jack. And they say she delayed his care for hours by sending away an ambulance.