The mother and uncle of a 9-year-old boy who police have said was handcuffed and beaten for eating birthday cake without permission now face charges in his death.

Police arrested Oriana Garcia, 26, and Jacob Barajas, 23, on Monday and charged them with second-degree murder in Jack Garcia's death, Hagerstown Police Capt. Paul Kifer said in a news release.

Police said detectives learned that Garcia and Barajas were planning to return to the West Coast where they are from originally.

Kifer said that on June 30, Barajas handcuffed Jack to a chair, and Garcia's boyfriend, 30-year-old Robert Wilson, hit him.

Police alleged that Oriana Garcia turned paramedics away when they were first called to her home, saying the boy was only "congested" and didn't need medical attention.

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When paramedics were called to the home again four hours later, they found Jack unconscious and with numerous bruises and cuts, Kifer said. They brought him to a hospital and called police. Shortly after, Wilson was charged with first-degree assault and child abuse.

Jack died July 5 at a Washington hospital. Kifer did not say whether more serious charges would be filed against Wilson.

Kifer said Oriana Garcia had abused her son in the past. He did not elaborate.

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