A western Maryland judge is refusing to throw out statements made to police by the mother of a 9-year-old boy fatally beaten over a missing piece of birthday cake.

Washington County Circuit Judge Kenneth Long ruled Friday that Oriana Garcia voluntarily told police she had seen her boyfriend hit her son Jack, that she had allowed the boy to be handcuffed as punishment for stealing, and that she sent away an ambulance after Jack was fatally injured.

The boyfriend, Robert Wilson, has pleaded guilty to second-degree murder.

The 27-year-old Garcia is charged with second-degree murder and first-degree child abuse in the July 2015 death. Her trial begins in October.

A September trial is scheduled for her brother Jacob Barajas (bah-RAH'-hahss). He told police he handcuffed Jack and left him alone with Wilson.