SAN ANTONIO – More than three years after the remains of 18-month old James Chairez were found, a trial date has yet to be set for her mother, who is charged in the case.
D’Lanny Chairez is charged with injury to a child - intentionally or knowingly causing serious bodily injury.
She had a scheduled court hearing on Friday, but she just conferred with her attorney and still no trial date has been set in the case .
Marisol Benavidez, the toddler’s aunt, has been pushing for the case to go to trial.
“I should be a little bit more at peace, but I can’t because we haven’t had justice for him,” Benavidez said. “It just hurts all the time.”
Benavidez was the one who alerted police in 2021 that she had not had contact with Chairez or her baby and made a missing persons report.
She was concerned because of some statements Chairez allegedly had made to her about giving James away. Benavidez at the time said she had begged Chairez to leave him with her.
For three months, police and the community searched for the mother and son.
In March 2021, Chairez was found and arrested but James was nowhere to be found.
A month later, his remains were found underneath a mobile home they lived in and were later identified as belonging James.
A year later, Chairez was sentenced to five years in prison per a plea deal on a tampering with evidence charge. That same day she was indicted on a injury to a child charge, but since then, the case has not progressed much.
“They’re just not finished reviewing,” Benavidez said the Bexar County District Attorney’s Office told her.
The DA’s Office also told Benavidez that a plea deal could be offered, but it is something she doesn’t want.
“They’re not saying that it is or that it isn’t, they will hear me out as far as my feelings towards it,” Benavidez said. “I honestly think that there’s no better than her staying in jail for the rest of her life.”
Going to trial is a risk she is willing to take and a way to have James’ story heard.
“His story needs to be heard for the simple fact that we’re losing too many children in the world right now, and because they take plea deals they aren’t being heard fully,” Benavidez said. “I also want her to be reminded that this was wrong. Put some hurt in her heart, the way I hurt for him. He did not deserve this, and if we take a plea, that’s like saying James’ life didn’t really matter.
For now, Benavidez will continue to wait for the day justice is served for James.
“I don’t know what that justice is,” Benavidez said. “I guess it’s just knowing that she takes accountability and that she serves the time that needs to be served. And that, to me, is life.”