WASHINGTON — The mother and uncle of Jack Garcia have been arrested and charged with second-degree murder and child abuse, according to the Hagerstown Police Department.
Oriana Garcia and Jacob Barajas were taken into custody on Monday. Detectives learned Garcia and Barajas were planning to return to the West Coast where they’re from originally.
Garcia was charged for not allowing first-responders to provide medical treatment to her son after knowing Robert Wilson assaulted him. Detectives learned Jack’s mother beat her son in the past, according to police information.
Barajas handcuffed the child prior to the assault, police say.
Jack Garcia died after he was allegedly handcuffed and beaten for eating a piece of birthday cake without permission.
Hagerstown police Capt. Paul Kifer says Garcia died Sunday at Children’s National Medical Center in Washington.
The mother’s boyfriend, 30-year-old Robert Wilson, was charged Wednesday with first-degree assault and child abuse. His public defender hasn’t returned calls from The Associated Press.
The mother’s brother told police the boy was handcuffed Tuesday as punishment for stealing the birthday cake. He says Wilson hit the boy in stomach after the handcuffs were removed.
It’s not clear whose cake it was. The boy had had a birthday three days earlier.
The Associated Press contributed to this report.
