Father Charged with Starving 4-Year-Old Son to Death: ‘His Bones Were Visible,’ Say Authorities

A Texas dad will face a jury trial in 2021 to determine if he is responsible for starving his 4-year-old kid to death.

According to Texas Public Radio, KSAT, CBS Austin, and KENS 5, prosecutors from the Bexar County District Attorney’s office claim that 31-year-old Brandon Lee Cervera and his then-wife Miranda Casarez starved their son Benjamin to death on August 17, 2021.

Cervera’s trial began on Tuesday, September 24, more than three years after Benjamin died at a San Antonio hospital. The Bexar County Medical Examiner’s Office later determined that Benjamin died as a result of malnutrition, according to KSAT.

According to a press release released by the district attorney’s office in May 2022, Cervera was indicted on a charge of damage to a child resulting in serious physical injury.

On Wednesday, Sept. 25, jurors heard testimony from San Antonio Police Officer Omar Perez, who was summoned to Cervera’s home in 2021 for a welfare check, according to KSAT.

“[Benjamin] had visible injuries,” Perez stated. “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 issues that prompted him to damage himself, resulting in the bruising, according to KSAT.

During her opening statement, defense attorney Jodi Soyars stated that the youngster was always small in stature 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,” she claimed.

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, and his death was ruled a homicide,” Bexar County Chief Medical Examiner Kimberly Molina told KSAT.

“He appeared to be underweight and small for his age,” she said, summarizing Benjamin’s postmortem 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, pediatrician James Lukefahr, who treated Benjamin at the San Antonio hospital where he was ruled dead, testified that he was underweight for his age and agreed with the medical examiner’s ruling that Benjamin died from malnutrition, according to KSAT.

“In my opinion, there was substantial evidence that Benji had been the victim of starvation leading up to his death,” Lukefahr said, according to the source.

Casarez, Benjamin’s stepmother, was convicted of the same crime of injury 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 older brother — known only as “BC” in court filings — testified that his stepmother beat Benjamin, forcing him to ingest hot sauce and hand sanitizer, and throwing his body in the air without catching him, according to Texas Public Radio.

According to KENS 5 and Texas Public Radio, videos were recovered from Casarez’s cellphone during the inquiry, showing Benjamin shaking and crying as he begged for bread.

Cervera faces a maximum punishment of 99 years in jail and a $10,000 fine if convicted, according to the district attorney’s office.

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