STATE OF MARYLAND vg, GARCIA, ORIANA IRIS. COMPLAINANT: ‘SO6E LYNNEHAVEN DRIVE IAGERS 7 Officer: BLANKENSHDP, §, Dr ‘TECTIVE ae TOWN, MD 21742 Ageney’Subagency BX $130 ce: 1s0040s: sn Ottsee iD: tip (03 Dis Race:2 Sex:F He sar We igg DOB: 03/13/1989 Phone(t) CHARGE SUMMARY AONUMA Case No. 1V00092555 Hair: BRN Eyes: HZL. Phone(W); UPON THE FACTS CONTAINED IN THE APPLICATION OF Officer: BLANKENSHIP, S. DETECTIVE Ir Is FORMALLY CHARGED THAT GARCIA, ORTANA IRIS atthe dates, times and locations specified below: cugicrr STATUTE PENALTY DESCRIPTION OF THE CHARGE 1639 CR 3601 (by) 40y CHILD ABUSE-IST DEGREE: DEATH 10999) CR 2204 30Y MURDER-SECOND praREE ) Abs ate: 07/13/2018 ‘Time : 7:33 PM yong itdicial Officers racking No. 159000006454 DEFENDANT RON, BO63 Boe:Frnmea: uri isieui9 1e:uy.20 cm) DISTRICT COURT OF MARYLAND FOR WASHINGTON COUNT [LOCATED AT (COURT ADDRESS) DC Case No: 1v00092555 ‘icersrom won —__—_— INNA DEFENDANT'S NAME (LAST, FIRST. MLL) GARCIA, ORIANA IRIS | S ej sd DEVENDANT Sees eae NAME (LAST FIRST Ry RANE CAST HTT} TIF BLANKENSHIP, DET S GARCIA, ORIANA IRIS TORNCT SAT TORO TROCCET ars ATS FETT ae Bx 8120 2709 ‘WORK TELERTNT TORE TaLETIONE a DOE TBAT (301) 790-3700 (301) 790-3700 eee w F 504 486 03/13/1989 -AODUSS TRO, ay OER TESTOR 50 N BURHANS BLVD ‘18004053, BRO HAZ ao STATE acne | oS TSE F Sa HAGERSTOWN MD 21740 ROR TELEONE TRE TTF Clnomesric viotence. = mare crime (cs Heese Ovurnerasee anutrasuse & cH abuse '508E LYNNEHAVEN DR aie Page tot A HAGERSTOWN MD 2i7az Sean __ STATEMENT OF CHARGES Se z oe pena 4d }1-1639 06/30/15 506 LYNNEHAVEN DR HAGERSTOWN |. did cause abuse that resulted in the death of Jack Kirby Ga a child under the age of 18, the riana Garcia (mother)who has permanent responsibility for the supervision of said Child, in violation of CR 3-601(b)(1)(i) of the Annotated Code of Maryland. |defendant being a pare TR ViOURTIONGF TRORATTECATRE [Bo ann cope aren sec seo, Cl conmowawor mo. Crus tocaiaw arr sxc Ov On TOAST THE PEACE OuNISIONERNTTATS— Too least Va cnce, Domus See CISCO arora an ATTUACS 2_|4-0899 06/30/15 50SE LYNNEHAVEN DR HAGERSTOWN ..did feloniously and with malice aforethought, kill and murder Jack Kirby Garcia, PR VORA — [ORR CATRE Go now cone aren tc aa, Coounentavorno: Crum acca aw aur. se —|oOv On : PaiSane ace ] coransson RIALS — wo [71 come ox sccney cone sa ; Coxon, GOVERNMENT Di conrinuco ow aTracieb SnEzr rom Dc-cRotmmy ‘AEFI UNDER Te eg epee 1 HAMMAN ANU 07/13/2015 Bx. 20" 2709 TRE 4188000006454 (e——_£120_2709 is DC-CR-002 (Rev. 772014)AND FOR WASHINGTON COUNTY DISTRICT COURT OF MARYL. smnnommenen (Cty Coty cr Dc Case No: wvon092ss5 | eee GARCIA, ORIANA IRIS COMPLATNANT, ___ DEFENDANT NAME CAST FST.) 7 WANE GAT RST "TT BLANKENSHIP, DET S GARCIA, ORIANA IRIS Taner SIRT THRO FOU TARR AT PRT TY Tae 8x 120 2109 Tone TEEN TOE TERE Tine Tae [ax Dae or bon anima Gouaeos7m Paes ‘122700 we | F [504] 196 | oartartse0 ‘50 NSURHANS BLVD i HAGERSTOWN Mo 21740 = O- oO Civomestic viotence (uate crime, DRESS ENO. (O]VULNeRABLE ADULT ABUSE PE] CHILD ABUSE | 506E LYNNEHAVEN OR Page of 7 HAGERSTOWN Mo 2742 STATEMENT OF PROBABLE CAUSE jon 0613072018 at 2233 hours, Officers Mikash and Walck of the Hagerstown Department of Police were dispatched to 606 Lynnehaven locive apartment E, Hagerstown, Maryland (Panghorn Heights Apartments) on an assist EMS call, The information was that a nine /ear old male, later identified as Jack Kirby Garcie (08 06/27/2006), was unresponsive and not breathing. He was observed by lotticers to have multiple bruising tothe let side of his faco and ear and an abrasion and bruising on the left side of his Jneck. Jack was also found to have multiple abrasions running along his spinal column, contusions to his left buttock, left side, his left upper back, his left lower leg, and hat appeared tobe an abrasion on his abdomen. Some of these contusions |voro in varying stages of healing. CONTINUED ON ATTACHED SHEET (FORM DCICR 4A) PRORAALE CAUSE CHARGES - Goto "ont page {LACK oF FROBADLE CAUSE CHAROES —_ arnar01s L = [ean EE =x st20 2708 eicetcnuaee PCDOICR 4 (Rev. 4/2002) "159000006154DISTRICT COURT OF MARYLAND FOR .WAStinSTON COUNTY, LOCATED AT (COURT ADDRESS) Petcare IOMINN LALA HAGERSTOWN MD 21740 DC Case No: 4voo092555 (iy/ County) TERT SRN TAS SED TA NANE GARCIA, ORIANA IRIS Page 2 of 7 STATEMENT OF PROBABLE CAUSE (CONTINUED) lonce weather conditions allowed on 07101715, Jack was transfered to Children's National Hospital due to his condition. Hagerstown Police Department received a copy ofthe doctor's consult note from Children’s National Hospital forthe date of Jo710115. The doctor notes the extensive head injuries, resulting insignificant brain injury. His head injuries were consistent wth blunt force trauma, Jack laplayed extensive bruising to his body consistent with blunt or comprossive force. tho patterns are not consistent with accidental trauma. The doctor notes noted thatthe injuries appeared to occur at different times and reflect separate incidents of physical abuse. The doctor concluded that Jac’s injuries are consistent with torture. ‘The doctor supplemented the intial report on 071022016, noting that Jack had significantly elevated intracranial pressures despite medical interventions. Jon 07105115 at 1840 hours, Det. Anthony Fleegal of Hagerstown Police Department's Criminal Investigation Division spoke with a rurse at Children’s National Hospital who was assisting inthe treatment of Jack. She indicated that Jack was pronounced deceased on that date at 12:59PM, While final autopsy results are not yet available the non-accidontal trauma Jack suffered was the direct and proximate cause of his death, During the course ofthe investigation, twas determined that prior to his death Jack resid with his mother, Oriana iis. Garcia (OB: 03/13/89), his matornal uncle, Jacob Andrew Barajas (DOB: 10/10/91), and his mother's fanc\, Robert Leroy Wilson (208: 11102184), at 506 Lyrmohaven Drive Apartment E, Hagerstown, Maryland, It was learned that an ambulance had beon requested caier on the evening of 6/20/2015 for the eame addross, 06 Lynnehaven Drive Apartment E. That call was made a 1705 hours and it was for anine year old having dificulty breathingytrouble breathing, The caller was determined to be Jacob Barajas. An ambulance from Community Rescue Service arrived on scene and pulled into the parking lt infront ofthe apartment building. The paramedics exited the ambulance and bogan removing their {equipment from the back when a short female approached them and said they weren't ngeded. She was asked ifthe ambulance was. there for her to which she said no and that itwas for her son. The female later identified as Oriana lis Garcia (DOB: ‘CONTINUED ON ATTACHED SHEET FORM DC/CRA) cmneboe ronan Are BEL =P a ornaao1s 2 ex 8120 2709 PCDCICR 4A (Rev. 4102) TRACKING NUMBER “159000006854DISTRICT COURT OF MARYLAND FOR WASHINGTON COUNTY sn +» (Cy! County) OC Ce io = LOCATED AT (COURT ADDRESS } wr wage ne snes aura steer IMO HAGERSTOWN MD 21740 | TERADATA TST ITNT THETA GARCIA, ORIANA IRIS Page? of 7 STATEMENT OF PROBABLE CAUSE (CONTINUED) 03713768), said that she had boon at work witon she was called and told her son, Jack, was having trouble breathing, She rushed back to the apartment to check on her son and found that he was just congested. Sho told the ambulance personnel that her son was fine and they were no longer needed, The female decined to have the ambulance personnel check her son, on 05130115 at 2260 hours, Det, Anthony Fleegal, Hagerstown Police Department's Criminal Investigation Division, was dispatched to Mertus Medical Genter to investigate this matter. Upon arrival at that location, he learned that Oriana’s boyfriend, Robert Leroy Wilson (DOB: 11/0284), and her brother, Jaceb Andrew Barajas (DOB: 1110/07}, were responsible for Jack's care white his mothor, Oriana, was at work After obtaining basic information from Oriana, Det. Fleegal inquired about the events leading to Jack's hospitalization Oriana indicated that on 06/30/15, she was at work at Ross's, Sometime between 1600 and 1630 hours, she received a phone call from Robert and he tld her Jack was not looking good. Oriana said she told Robor to call her back because she wasn't there and he sounded like he was panicking. Oriana then advised that when Robert didn't call back, she tried to call him over and. lover. She said he eventually called back just before 1700 hours and told her he needed to pick her up, It should be noted that Oriana indicated that Jacob stayed with Jack while Robert came to pick her up from work. Oriana confirmed that she wos aware Jacob called medical personnel due to Jack's condition, Oriana said when medical personnel arrived, she believed Jack ‘was only congostod and was okay so sho told thom they weren't needed. It should be noted that Orians also indicated that Jack ‘was fading in an out and not talking at this time. She sald eventually she tried to give him water and Jack started gurgling when he would take a broath go 911 was called by Robert, which lead to Jack being brought to Meritus Medical Center. Det. Fleegal then asked Oriana how Jack was injured. Oriana indicated that Robert told her he punched Jack inthe stomach carler that date because he stole again. | then asked Oriana what Jock stole that caused Robert to get angry. She said Jack stole Anita's birthday cake. She sald Anitais the baby daughtor of Robert. It should be noted that Oriana had no viable explonation forthe othorinjurios to Jack othor than to say some of them were old and that Jack sometimes hit himself. Oriana also provided the explanation that maybe Robert “blacked out ‘CONTINUED ON ATTACHED SHEET (FORM DOR 4A) ontsr2015, 8x PC DCICR 4A (Rev. 4/02) ! i wi | | 000454 4DISTRICT COURT OF MARYLAND FOR WASHINGTON COUNTY. o» (Cay County) LOCATED AT (COURT ADDRESS) PC Case No: 1 vo00s2555 296 WEST ANTIETAM STREET | HAGERSTOWN MD 21740 TEU TAN TTY TTA GARCIA, ORIANA IRIS. Page 4 of 7 STATEMENT OF PROBABLE CAUSE (CONTINUED) [On O7T01T15 at 0347 hours, Oriana was provided a second recorded slalement, This interview occurred atthe Hagerstown Police Department and was conducted by Det. Floogal and I, Detective Shane Blankenship of Hagorstown Police Department's Criminal Investigation Division. Oriana provided additional detalls about when she arrived home from work on 6130/2018. Oriana admitted that when medical personnel responded the first time that Jack was unconscious. On the way home Rober told her he hit.Jack in the stomach with his hands for stealing Joriana was then asked about the type of discipline Jack wae subjected to. Oriana initially minimized or denied phyeleal discipline n the house. Oriana said Jack and Robert would "spar" with padded stuff and Robert with also slap his hand. She also indicated that sho had seen Robert slap Jackin the face two or throe times inthe past. Later she admitted Robert had sald Robert would strike Jack inthe leg withthe "wooden sword thing” if Jack was lying. She descrited the "wooden sword thing" as a piece of hollow bamboo shaped like a sword. She said the last time this occurred was approximately a week prior and she believed Robert had done this to Jack on three occasions inthe past, loviana was asked if there wore handcuffs in the residence. She claimed they had been broken for several weeks. Oriana was non asked ifthe handcuffs had ever been used for disciplinary purposes inthe past. Sho whats going to happen in jal and indicated that she had alloned him to he handcuffed fora few hours at atime in the past Oriana said she was trying to teach Jack not to steal. She confirmed that Jack would mostly get into trouble for stealing 3d they were used to showr Jack food, During the noxt portion of the interview, Oriana was shown photos that had boen taken of Jack’ injuries. Inially she claimed that Jacob bathed Jack and acted lke she wasn't aware of ther. Later inthe interview, Oriana admitted that she had taken over the bathing responsibilities for Jack within the past fow days, At that point Orlana admitted to observing bruises ‘on Jack's leg, an injury to his toe, and a bruise to his ear (On 0710115 at 0217 hours, Jacob was interviewed at the Hagerstown Police Department by Det. Fleggal and me. Jacob indicated that he got up around 6900 hours on 06/30/18. When he got up, Orlana was getting ready for work and eventually was given a (CONTINUED ON ATTACHED SHEET (FORM DCICR 4A) oznara0is [Bx 8120 2709 PC DCICR 4A (Rev. 4102) TRACKING NUMBER 150000006454STRICT COURT OF MARYLAND FOR ..WASHINGTON COUNTY. ILL LOCATED AT (COURT ADDRESS) {3G WEST ANTIETAM STREET HAGERSTOWN MD 21740 DC Case No: 1V00092555 GARCIA, ORIANA IRIS Page § of 7 STATEMENT OF PROBABLE CAUSE (CONTINUED) Tide te her job by Robert. Jacob indicated that while they wore gone, he looked ater Jack Jacob Indicated that Jack had stolen a cake belonging to Anita. Jacob sad lator that day when Robert found out thatthe eako was missing, ne tied to identity who took it and eventually determined it was Jack. Jacob sad that Jack was then physically punished by Robert in Jack's room with the door closed. Jacob admitted he handcuffed Jack and placed him in the room. Then Robert entered the room and Jacob could hear thuds and yelling. Jacob responded to the room. When he entered Jack's room he saw Robert asking Jack ithe took the cake. Jacob added that he believed Robert had already been slapping Jack by that point because Jack vas already Jon tho ground on his side. Jacob sad that Jack then got up but was subsequently tripped or shoved back down by Robert. Jacob then advised that he removed the handcuffs that he placed on Jack ealier because physical discipline being given out by Robert was too rough to be wearing handutfs. Jack was yelling, “please stop" during the incident. Jacob said after he removed the Inandeutts, Robert proceeded to hit Jack inthe stomach with a"paim strike" less than a dozen times which eventually caused Jack to go back to the ground once again. At that point Jack became quiet and unresponsive. Robert then stopped the assault against Jack. Jacob later advised he handcuffed Jack behind his back o a dining chair with a bike lock around the base. Jack was seated on tne floor. Jacob said he eventually called 911 just prior to Robert and Oriana returning home due to Jack appearing to have dificuty breathing. Jacob was then asked what occurred after he called 911 and Robert and Oriana returned home, Jacob sald he almost felt foolish because Jack's condition appoared to be improving after he called and his breathing appoaredto be better. Jacob oid confirm, when asked, that Jack was stil unresponsive at that point. Jacob sald when the paramedies showed up the first timo, Oriana went out to meet them and told them everything was fine. Jacob confirmed that Jack never woke up or spoke anytime stor becoming unresponsive Jacob said handeuffe were placed on Jack routinely to keep him from stealing or doing other things he's not supposed to. Jacob sald handcutfs wore first usod a weok or so prior. Jacob said Jack could get out ofthe handcuffs unless they took them off, Jacob estimated that Jack was in handeufs anywhere from one to three hours each day since they started using them. CONTINUED ON ATTACHED SHEET (FORM DOR 44) a TTS ozngi2016 g 7 ex 8120 2709 PC DCICR 4a (Rev. 402) | | | | TRACRINGNUMBER 159000006454ND FOR .WVASHINGTON COUNTY DISTRICT COURT OF MARYL (cay/comy) LOCATED AT (COURT ADDRESS) DC Case No: 1v00092555 ‘36 WEST ANTIETAM STREET Hit LAIN HAGERSTOWN MO 21740 ]GARCIA, ORIANA IRIS Page § of _7 STATEMENT OF PROBABLE CAUSE (CONTINUED) Irahoutd bo noted that Jacob also indicated that he used a bike Took to Secure Jack to a dining Ghai, Jacob indicated that Robert also would "spar" with Jack asa form of discipline. Jacob added, however, that this incident was nota sparring” ident and Robert was not wearing “sparring” gloves when he struck Jack. Jacob added once again that he only saw Robert palm strike" Jack in the stomach, asked it thoy utilized any other forms of discipline to address Jack's stealing habit, Jacob said they would make Jack eat tne food that he had stolen until he was sick oft. They also trie time-outs where Jack would have to staro atthe wal. |Adaitionally, they used exercise to help Jack focus beter. It should be noted that according to Jacob, he, Oriana, and Robert ati consulted together to decide how to aisciplino Jack. Jon 07101715 at 0145 hours, Det. Fleegal and | attempted to obtain a recorded statement from Robert atthe Hagerstown Police Department in regards to this investigation. On 07/01/18 at 0240 hours, Robert was arrested in regards tothe allegations in this matter and transported to the Washington County Detention Genter. Jon 07102115 at 1239 hours, Det. Fleegal received an emall response from Oriana. He had emailed her a question inquiring about when Jack hat eaten pricr to this incidont being roported. Oriana indicated that tho last time Jack ato was the day bofore the Incident at breakfast and dinner. (0n 07/02/15 at 1530 hours, Det. Fleagal met withthe property manager at Pangborn Hoights Apartments. She mentioned that she had soon Robert, Oriana, and Jacob in person before, however, she had never Seen Jack. Shaw said Oriana talked about him and had told her that she couldn't got Jack into school. It should be noted that Oriana, Jacob, and Jack wore added to Robert's lease on 03/03/15, Washington County Public Schools confirmed that Jack was never enrolled in school and thatthe process and documentation required was rather minimal. Further, there was never any request made to have Jack's school records transferred to WCPS. CONTINUED ON ATTACHED SHEET (FORM DC/CR 4A) TF aE EEE oriay201s : 8x 120 2709 PC DCICR 4A (Rev. 4102) TRACKING NUMBER "159000006454DISTRICT COURT OF MARYLAND FOR MASTANGTON COUNTY, (City/County) see aia set OMEN GARCIA, ORIANA IRIS Page 7 of 7 STATEMENT OF PROBABLE CAUSE (CONTINUED) [on 07703776 at OBSS hours, Det, Fleagal apoke with Orlana’s supenvisor, Sho advised she saw Rober drop off Oriana at work on os:30115. She noted that Robert appeared angry and was driving erratically. Additionally, Oriana confirmed that when she got out ofthe vehicle that she and Robert had been arguing, The supervisor further advised that sometime tho provious wok, she and Oriana had been talking about Jack. During that conversation, Oriana indicated that she was having a problem with Jack stealing food, Oriana stated that she and Robert had been discussing ways to solve this issue and had talked about the "scared straight" tactic, This tactic would involve taking Jack toa jal to eo what it would be ike ithe did't qu stealing, all events occurred in Washington County, Maryland, [child Abuse 1st Degree: Death: CR 3-601(b), CuIS 11639 second Degree Felony Murder: CR 2-204, CJIS 1.0899 ‘CONTINUED ON ATTACHED SHEET (FORM DORA) oraraots aa aa TT ~ 8x evo x09 PC DCICR 4A (Rev. 402) iM I UT =e (ne