A 9-year-old boy has died after he was allegedly beaten for eating a piece of birthday cake without permission. The boyfriend of the boy’s mother was initially charged with assault and child abuse, but the Washington County state’s attorney’s office could bring more serious charges against him. (WUSA9)

A 9-year-old boy has died after his mother’s boyfriend beat him for eating a piece of birthday cake without permission, police said.

The boy was hospitalized at Children’s National Medical Center on Tuesday night in critical condition. Hagerstown Police Department spokesman William Douwes said that he died of his injuries Sunday.

Robert Leroy Wilson, 30, originally was charged with assault and child abuse for handcuffing and beating the son of his girlfriend when the boy ate a piece of cake.

Douwes said that after an autopsy of the child, the state’s attorney’s office might choose to bring more serious charges against Wilson and might also bring charges against the boy’s mother and uncle.

Douwes said that the uncle was in the apartment in Hagerstown when Wilson attacked the child, and he called 911 after the assault. The child’s mother was at work when the attack happened but returned home before the ambulance arrived. She met paramedics outside and told them that her son was just “congested,” police said, so they left.

They were called back to the apartment four hours later when the boy stopped breathing.