![Jacob Barajas: Barajas is due in court in Hagerstown, Md., Tuesday, May 17, 2016, for a pretrial hearing. He's charged with second-degree murder and first-degree child abuse resulting in Jack Garcia's death last July. Barajas told police he handcuffed the boy and Robert Wilson, boyfriend of Jack's mother, beat him to punish Jack for stealing a piece of cake belonging to Wilson's daughter. (Hagerstown Department of Police via AP, File) (Hagerstown Department of Police via AP)]({"default":{"load":"default","w":"27","h":"34","src":"//img-s-msn-com.akamaized.net/tenant/amp/entityid/BBtayqL.img?h=338&w=270&m=6&q=60&o=f&l=f&x=235&y=314"}})
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 (bah-RAH'-hahss) ended Tuesday in Hagerstown with no immediate ruling. Barajas is charged with second-degree murder and first-degree child abuse stemming from Jack Garcia's death last July.
Hagerstown Police Detective Anthony Fleegal testified Barajas was not considered a suspect when he told investigators he handcuffed Jack to a chair as punishment for stealing. Barajas told police Jack was then beaten by the mother's boyfriend, Robert Wilson. Wilson pleaded guilty to second-degree murder in March.
Defense attorney Stephen Sacks contends the questioning of Barajas amounted to an interrogation, so Barajas should have been read his rights
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