SAN ANTONIO – The mother of baby James Chairez, who was found dead after he was missing for more than three months, has taken a plea deal in a case related to the baby’s disappearance.
In a hearing on Thursday, prosecutors waived one count of tampering with evidence in exchange for D’Lanny Chairez pleading no contest on the second count of tampering with evidence.
Prosecutors alleged Chairez concealed the baby’s body in the West Side trailer where they lived.
D’Lanny Chairez will be sentenced in August, following a pre-sentencing investigation ordered by 144th District Court Judge Michael Mery. She could face additional criminal charges as the investigation into baby James’ death continues.
“We want to make sure that everybody understands that this plea agreement in no way acknowledges her responsibility in the death of this child or even a crime being committed,” D’Lanny Chairez’s attorney, William Simmons said.
The third-degree felony is punishable by up to 10 years in prison, according to state law.
Marisol Benavidez, the baby’s aunt, did not agree with the plea deal.
“That doesn’t seem sufficient enough,” Benavidez said. “We don’t have a child here. If tampering with evidence means that she tampered with the body of her own 18-month-old child, isn’t that evidence enough that there’s a child lost? Isn’t that saying, you know, other charges should have been brought?”
Benavidez said she was “disgusted” seeing D’Lanny Chairez in court during the hearing.
“It took a lot in me not to scream at her, say what I wanted to say, because I don’t want to be kicked out of this courtroom, because it’s important for me to follow through with this case, because this is for James,” she said. “You know, I’m going to fight for justice for him.”
Simmons would not comment on the ongoing investigation, but said additional charges would be “difficult” to prove.
“If it has anything to do with a homicide-related offense, it will be pretty difficult to charge in court over some facts that I can’t get into right now,” Simmons said.
Baby James and his mother were reported missing after they were last seen on Jan. 4, 2021.
Police released surveillance images of the pair, as well as surveillance video clips from a drug store and from onboard a VIA Metropolitan Transit bus. In the store video, D’Lanny Chairez is shown pushing a stroller. However, in the bus video, there was no sign of James.
Officers eventually found D’Lanny Chairez in March and arrested her on suspicion of abandoning or endangering a child, but baby James remained missing until April 28, 2021, when authorities found his body during a subsequent search of the mobile home in the 7600 block of W. Military Drive.
According to an arrest affidavit, D’Lanny Chairez told investigators she didn’t feel ready to be a mother and that she thought her son “deserved better” and was considering putting him up for adoption.