HAGERSTOWN, Md. – The uncle of a 9-year-old boy who was fatally beaten over a missing piece of birthday cake is set to learn if his statement to police can be used as evidence at his trial.
A judge is ruling Thursday afternoon in Hagerstown in the case of 24-year-old Jacob Barajas (bah-RAH'-hahss). He's charged with second-degree murder and first-degree child abuse in the July 2015 death of Jack Garcia.
Police say they didn't consider Barajas a suspect when he told them he handcuffed Jack to a chair as punishment for stealing, and then left the boy alone with the mother's boyfriend, Robert Wilson. Wilson pleaded guilty to second-degree murder in March.
Barajas contends the police questioning amounted to an interrogation, and he should have been read his Miranda rights.