The trial of a Texas man, Brandon Lee Cervera, 31, accused of causing the death of his 4-year-old son, Benjamin, through starvation, began this week. Cervera and his then-wife, Miranda Casarez, are alleged to have been responsible for the child’s death on August 17, 2021. The trial started on September 24, more than three years after the tragic incident.
Prosecutors argue that Benjamin died due to malnutrition, a claim backed by the Bexar County Medical Examiner’s findings. The charges against Cervera include causing serious bodily injury to a child. The jury has listened to testimonies from several key witnesses, including San Antonio Police Officer Omar Perez, who conducted a welfare check at Cervera’s residence in 2021.
Officer Perez, during his testimony on September 25, painted a disturbing picture of Benjamin’s physical condition. He described visible injuries and an extreme level of thinness, to the extent that the child’s bones were clearly visible.
Cervera, however, has denied the allegations, suggesting that Benjamin’s injuries were self-inflicted due to behavioral issues. His defense attorney, Jodi Soyars, argued that Benjamin’s small size was a chronic issue and not a result of starvation. Soyars maintained that there was no evidence of malnutrition or dehydration.
The prosecution, on the other hand, presented shocking images and testimonies to the jury. Bexar County Chief Medical Examiner Kimberly Molina confirmed that Benjamin weighed a mere 28 pounds at the time of his death. She concluded that the cause of death was homicide due to starvation.
Pediatrician James Lukefahr, who treated Benjamin at the hospital, supported Molina’s findings. He stated that Benjamin was significantly underweight and suffered from severe malnutrition, emphasizing that the evidence strongly indicated starvation as the cause of death.
The trial also revisited the conviction of Casarez, who was sentenced to 25 years in prison in April 2023 for the same charge of causing injury to a child. Evidence presented during her trial included disturbing details such as padlocks on the family’s refrigerator and bedroom door, and testimonies of further abuse from Benjamin’s older brother.
If found guilty, Cervera could face a harsh sentence, with a maximum of 99 years in prison and a $10,000 fine.