- Associated Press - Thursday, July 14, 2016

HAGERSTOWN, Md. (AP) - A Maryland judge is refusing to throw out a man’s statement to police about his role in the fatal beating of a 9-year-old boy over a missing piece of birthday cake.

Washington County Circuit Judge Kenneth Long ruled Thursday that Jacob Barajas (bah-RAH’-hahss) voluntarily told police he handcuffed Jack Garcia as punishment for stealing, and then left the boy alone in a room with the mother’s boyfriend.

The boyfriend, Robert Wilson, pleaded guilty to second-degree murder in March.

Long says police were not required to read Barajas his Miranda rights because they had not taken him into custody and did not consider him a suspect during the interview at police headquarters.

Barajas is charged with second-degree murder and first-degree child abuse in the child’s death last July. His trial begins in September.

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