GROESBECK (July 9, 2009)—Retired State District Judge Sam Bournias ordered drug-testing Thursday for Brandi Mack of Mexia, the mother of 5-year-old Sinsear Jaywon Kirvin, who was beaten to death with a belt at a Waco-area apartment in June.

The boy’s uncle Christopher Mack, 22, and Mack’s girlfriend, Andrea Thomas, 24, are charged with capital murder and aggravated assault in the attack that left Sinsear dead and the youngster’s 3- and 4-year-old brothers injured.

The 3-year-old was treated and released. The 4-year-old did not require hospital treatment.

During a hearing Thursday in 77th District Court in Groesbeck, Bournias also ordered drug-testing for the father of the two younger boys, Craig Bender.

Bender was arrested after the hearing on an outstanding child support warrant.

Bournias ordered the results of the hearing sealed.

However, Chris Van Deusen of the Department of Family Protective Services said the state presented evidence during the hearing Thursday that Sinsear and the other two boys lived with Brandi Mack at the home of Mack’s grandmother and that Mack and her grandmother left the three children in the care of their uncle, Christopher Mack, despite the knowledge that he had previously been arrested for child endangerment.

Van Deusen said investigators also determined that the two women were aware that Christopher Mack had used drugs in the house.

Brandi Mack and Craig Bender must pass the drug tests ordered Thursday before they will be allowed supervised visits with the children, who are now in foster care.

Another hearing is scheduled in about six weeks.

According to the affidavit submitted last month for an arrest warrant, Sinsear was beaten with a belt and suffered bruises, abrasions and lacerations to his head, arms, front, back, and legs.

Christopher Mack originally claimed the boy had collapsed, but the affidavit says, “Upon further investigation, a witness stated that Mack began striking Sinsear) with a belt until the (Sinsear) passed out and was not moving.”

Thomas was also present when the incident occurred at the apartment Mack and Thomas shared on East Crest Drive in Lacy-Lakeview, police said, but made no effort to intervene or seek medical help, according to the arrest affidavit.

Mack got a ride to the Providence Health Center emergency room from a friend and took both boys to the hospital.

Sinsear was pronounced dead at the hospital and according to the arrest affidavit medical personnel told police he had been dead for an hour before he arrived at the hospital.

The hospital notified police of the injuries.