Uncle of Boy Fatally Beaten Over Birthday Cake Due in Court

HAGERSTOWN, Md. (AP) — The uncle of a 9-year-old Maryland boy who was fatally beaten over a missing piece of birthday cake is asking a judge to throw out his statement to police.

The hearing for 24-year-old Jacob Barajas began Tuesday in Hagerstown. He's charged with second-degree murder and first-degree child abuse stemming from Jack Garcia's death last July.

Hagerstown Police Detective Anthony Fleegal testified that Barajas was not considered a suspect when he voluntarily told investigators he handcuffed Jack to a chair as punishment for stealing. Barajas told police that Jack was then beaten by the mother's boyfriend, Robert Wilson, who pleaded guilty to second-degree murder in March.

Defense attorney Stephen Sacks contends Fleegal never made it clear to Barajas that he was free to leave the police station without answering questions.