HAGERSTOWN, Md. (WJZ) — Hagerstown police announced Monday that Jack Garcia’s mother, Oriana Iris Garcia, and uncle, Jacob Andrew Barajas, will be charged in his death.

Garcia and Barajas were taken into custody Monday; police say they were planning to return to the West Coast.

Garcia was charged with second degree murder and child abuse. Her charges stem from her refusal to let first responders treat her son, even though she knew her boyfriend, Robert Leroy Wilson, had assaulted him. Police say she also abused Jack Garcia in the past.

Barajas was also charged with second degree murder and child abuse. Police say Barajas handcuffed Jack before the assault. They say he also participated in abusing Jack in the past.