Pair charged with murdering boy 'who ate birthday cake without permission'

The mother and uncle of a nine-year-old boy who was allegedly handcuffed and beaten for eating birthday cake without permission have been charged by US authorities in connection with his death.

Police arrested Oriana Garcia, 26, and Jacob Barajas, 23, and charged them with second-degree murder over Jack Garcia’s death in Hagerstown, Maryland.

Authorities allege that on June 30, Barajas handcuffed Jack to a chair, before Garcia’s boyfriend, 30-year-old Robert Wilson, hit him.

Police claimed Oriana Garcia turned paramedics away when they were first called to her home, saying the boy was only “congested” and did not need medical attention.

When paramedics were called to the home again four hours later, they found Jack unconscious and with numerous bruises and cuts.

Tonight community members are making blue ribbons in honor of 9 y/o Jack Garcia @Kayla__Brandon will cover for #WHAG pic.twitter.com/UA7xQIhx93

— Kirstin Garriss (@ReporterGarriss) July 9, 2015

They brought him to a hospital and called police.

Shortly afterwards, Wilson was charged with first-degree assault and child abuse.

Jack died on July 5 at a Washington hospital.