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Boy beaten for taking a slice of birthday cake dies

Greg Toppo
USATODAY
In this photo made available June 30, 2015 by the Hagerstown Police Department, in Hagerstown, Md., shows Robert Leroy Wilson. Police say Wilson handcuffed and beat his girlfriend's 9-year-old son for eating a piece of birthday cake without permission. The boy later died. Wilson was charged with first-degree assault and child abuse. Other charges are pending. (Hagerstown Police Department via AP) ORG XMIT: MHX101

A 9-year-old Maryland boy who was beaten unconscious last week for taking a piece of birthday cake has died of his injuries, police in Hagerstown, Md., said.

Jack Kirby Garcia died Sunday, police told WUSA-9. Robert Wilson, 30, his mother's boyfriend, will likely face murder charges, police said.

Court records show that Wilson tearfully admitted to beating the boy after he caught him eating a slice of birthday cake without permission. Police arrested Wilson Thursday. Wilson allegedly handcuffed the boy and beat him repeatedly as punishment for stealing the cake.

The child's mother told investigators her son had a problem with stealing and that Wilson said he "put handcuffs on him because that was what was expected of him" when he would steal.

Garcia's mother was at work when the assault took place. His uncle was at home and called 911, but when an ambulance arrived, a family member told paramedics the child was "simply congested," WUSA reported.

Garcia reportedly was left unconscious in a room for several hours, the Hagerstown Herald-Mail reported. Four hours later, the ambulance was called to the house again again — this time it arrived escorted by police. According to charging documents, the boy was unresponsive and officers noticed extensive bruising and abrasions to his face and body.

The boy died at Children's National Medical Center in Washington, D.C.

Wilson originally was charged with first- and second-degree assault, child abuse and reckless endangerment, but Hagerstown Police Capt. Paul Kifer told the Herald-Mail that investigators will meet with the State's Attorney's Office on Tuesday to discuss additional charges. Wilson was being held at the Washington County Detention Center on a $1 million bond.

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