Hagerstown man charged in birthday cake beating death looks to have statement suppressed

[WhiteTara]

Source: Herald Mail Media



A Hagerstown man accused of second-degree murder in the 2015 beating death of his 9-year-old nephew asked a Washington County Circuit Court judge Tuesday to suppress his statement to police because he should have been read his rights at the time of the interview.

Defense attorney Stephen Sacks told Circuit Judge M. Kenneth Long Jr. that two Hagerstown police detectives were conducting a custodial interrogation, not a witness interview, when they questioned Jacob Andrew Barajas at police headquarters on July 1, 2015, about the June 30 beating of Jack Kirby Garcia.

Barajas, 24, also is charged with first-degree child abuse resulting in the death of the boy, who succumbed to his injuries on July 5, 2015, at a hospital in Washington, D.C.

The fatal beating occurred at an apartment on Lynnehaven Drive, where Jack Garcia lived with his mother, Oriana Garcia, Barajas and Robert Leroy Wilson.


snip



Wilson beat Jack Garcia after he took a piece of another child's birthday cake without permission, according to court records.

Barajas is alleged to have handcuffed the boy and chained him to a chair before the assault began.


Read more: http://www.heraldmailmedia.com/news/breaking/man-charged-in-birthday-cake-beating-death-looks-to-have/article_0b90798c-1c4b-11e6-8dc5-77a258b6c5da.html

[Chasstev365]

1. The hotest places in hell are reserved for men like this

[christx30]

2. He's only 24.

I'd like to see him live a long, healthy life in prison before he goes there. He's given up his entire life because of that piece of cake. He should never breathe free air again. Age 60, he'll be sitting there in that cage, wishing he was more forgiving to the innocent child over cake.