Suspect in fatal beating over cake has court appearance

A man accused of fatally beating his girlfriend's 9-year-old son over what police say was a missing piece of birthday cake is bound for court in Maryland.

Thirty-one-year-old Robert Leroy Wilson is scheduled for a hearing Thursday afternoon in Hagerstown. Deputy State's Attorney Joseph Michael wouldn't disclose the nature of the hearing and Wilson's public defender didn't return telephone calls.

Wilson is one of three people charged with second-degree murder in the July 5 death of Jack Garcia. Neither Wilson nor the boy's uncle, Jacob Barajas (bah-RAH'-hahs), have entered pleas in the case. Jack's mother Oriana Garcia has pleaded not guilty.

Barajas told police he handcuffed Jack, and Wilson beat him unconscious as punishment for stealing. Police say Jack's mother allowed the abuse and delayed treatment by sending away an ambulance.