To find out if he is guilty of starving his 4-year-old kid to death in 2021, a Texas father is going to trial by jury. Watch The Video Below.
On August 17, 2021, prosecutors from the Bexar County District Attorney’s office claim that 31-year-old Brandon Lee Cervera and his then-wife Miranda Casarez starved Cervera’s son Benjamin to death, as reported by Texas Public Radio, KSAT, CBS Austin, and KENS 5.
On Tuesday, September 24, over three years after Benjamin’s hospital death in San Antonio, Cervera’s trial got underway. Later on, the Bexar County Medical Examiner’s Office determined that malnutrition was the cause of Benjamin’s death, as reported by KSAT.
According to a press statement released by the district attorney’s office in May 2022, Cervera was charged on a charge of damage to a child resulting in serious physical injury.
On Wednesday, Sept. 25, jurors heard evidence from San Antonio Police Officer Omar Perez, who was summoned to Cervera’s house in 2021 for a welfare check, according to KSAT.
“[Benjamin] had visible injuries,” Perez testified. “He had bruises on his eyes and torso and he was skinny … able to see his bones.”
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Cervera contested these accusations, alleging that Benjamin had behavioral difficulties that prompted him to damage himself, resulting in the bruises, according to KSAT.
During her opening statement, defense attorney Jodi Soyars stated that the youngster was always tiny in size and that doctors did not raise concerns about his health in the days preceding his death, according to KSAT.
“This kid was not starved or dehydrated, and it will be in scientific evidence,” Soyars said
According to CBS Austin and KSAT, prosecutors showed jurors photographs of Benjamin’s body during the medical examiner’s evidence, demonstrating the child’s malnutrition and underweight condition. The medical examiner also confirmed Perez’s statements concerning bruising on Benjamin’s body, stating that she discovered marks during his autopsy.
“He died of starvation, his death was ruled a homicide,” Bexar County Chief Medical Examiner Kimberly Molina testified, per KSAT.
“He appeared to be underweight and small for his age,” she added, describing Benjamin’s autopsy findings.
Molina stated that Benjamin weighed 28 pounds at the time of his death, and images revealed that his ribs could be seen through his chest, according to KSAT and CBS.
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Additionally, doctor James Lukefahr, who treated Benjamin at the San Antonio hospital where he was pronounced dead, testified that he was underweight for his age and agreed with the medical examiner’s finding that Benjamin died from malnutrition.
“In my opinion, there was substantial evidence that Benji had been the victim of starvation leading up to his death,” Lukefahr said, per the outlet.
Casarez, Benjamin’s stepmother, was convicted of the same crime of harm to a child causing serious physical injury in April 2023 and sentenced to 25 years in prison, according to Texas Public Radio, KENS 5, and CBS Austin. During Casarez’s trial, prosecutors showed the jury images of the family’s refrigerator and Benjamin’s bedroom door, which were both padlocked, according to reports.
During Casarez’s trial, Benjamin’s elder brother — known only as “BC” in court filings — testified that his stepmother beat Benjamin, forcing him to eat hot sauce and hand sanitizer, and throwing his body in the air without catching him, according to Texas Public Radio.
According to reports, videos were recovered from Casarez’s smartphone during the inquiry, showing Benjamin trembling and weeping as he pleaded for bread.
Cervera faces a maximum sentence of 99 years in jail and a $10,000 fine if convicted, according to the district attorney’s office.
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