A Texas man will face a jury trial to determine if he is guilty of starving his 4-year-old child to death in 2021. Watch Video Below
Prosecutors from the Bexar County District Attorney’s office said on August 17, 2021, that 31-year-old Brandon Lee Cervera and his then-wife Miranda Casarez starved Cervera’s son Benjamin to death, according to Texas Public Radio, KSAT, CBS Austin, and KENS 5.
Cervera’s trial began on Tuesday, September 24, more than three years after Benjamin died at the hospital in San Antonio. Later, the Bexar County Medical Examiner’s Office ruled that starvation was the cause of Benjamin’s death, according to KSAT.
According to a news 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.
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“[Benjamin] had visible injuries,” Perez testified. “He had bruises on his eyes and torso and he was skinny … able to see his bones.”
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.
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 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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