A San Antonio man has been found not guilty in the starvation death of his 4-year-old son months after his wife received a 25-year prison sentence for the same crime. After a seven-day trial and seven hours of deliberation, Brandon Cervera was acquitted and expressed a desire to change his life and be more present for his remaining children.
Benjamin's Death and Medical Evidence
Benjamin Cervera died on Aug. 17, 2021. The boy was found unresponsive as his stepmother, Miranda Casarez, was trying to get him to a hospital. The Bexar County Medical Examiner's Office later ruled his death a result of starvation, noting that Benjamin had little to no body fat and no food in his intestines.
The state called pediatrician Dr. James Lukefahr to testify. According to KSAT, Lukefahr supported the medical examiner's findings, stating that Benjamin's growth charts indicated abnormal declines in weight and height percentiles over 10 months.
"Children should be growing during childhood. They should not be losing weight if they are receiving proper nutrition," Lukefahr said. "In my opinion, there was substantial evidence that Benji had been the victim of starvation leading up to his death."
However, Cervera's defense presented two doctors who argued that starvation could not be conclusively determined based on the evidence provided, including photographs and growth charts. One of the doctors, Dr. Erik Christensen, a retired Utah medical examiner, suggested other potential causes of death, such as suffocation, seizure, heart-related issues, or untreated diabetes.
Prosecutors questioned Christensen's credibility, noting that the Utah Medical Board was not accredited during his tenure as a medical examiner. They also pointed out a potential conflict of interest, as Christensen admitted to charging around $600 an hour for his work on Cervera's case, totaling $18,000, not including his court testimony.
Videos of Benjamin Begging for Food
Esto me toca mucho! No puede ser! Un padre de Texas está libre de matar de hambre a su hijo de cuatro años a pesar de las imágenes de vídeo que muestran a su hijo demacrado rogando por pan.
— Oscar Lopez (@DEVOLUCIONARIOS) October 4, 2024
Brandon Cervera fue declarado inocente de haber matado de hambre a su hijo Benjamin.
El… pic.twitter.com/vhYAb2y0yB
A significant piece of evidence in the trial included more than 30 videos showing Benjamin begging and searching for food around the house. The footage, mostly recorded by Casarez on her cellphone and captured on home surveillance cameras, showed Benjamin's attempts to find food.
Prosecutors stated that surveillance cameras were placed in the kitchen and outside the boy's room, allegedly so Casarez could monitor if Benjamin was sneaking out at night to find food.
The jury was visibly disturbed by the footage, according to KSAT. In one video, Benjamin can be heard crying and asking his father for bread. Other videos showed the boy searching for food in the kitchen, a task that grew more challenging after locks were placed on kitchen cabinets and the refrigerator.
Cervera's defense focused on Casarez's treatment of Benjamin, as she was the one recording him, asserting that Cervera was unaware of the full extent of the abuse. Prosecutors, however, countered this claim, arguing that Cervera bore responsibility for protecting his child.
In Casarez's trial earlier this year, the full extent of the abuse directed toward Benjamin came to light. Benjamin's 12-year-old brother testified that Casarez hit Benjamin and forced him to drink toilet water, hot sauce, and hand sanitizer when their father was not present. Casarez maintained her innocence, claiming the videos she recorded of Benjamin crying and begging for food were intended to alert Cervera to the child's needs.
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