SAN ANTONIO – How did a 4-year-old boy die and who’s to blame?
Those questions were the focus of opening arguments Tuesday in the trial of a man charged with starving his son to death.
Brandon Cervera is charged with injury to a child in connection with the death of Benjamin Cervera.
The boy was found unresponsive on Aug. 17, 2021, when his stepmother took him to a hospital, where he died.
Six months later, the Bexar County Medical Examiner’s Office ruled the death as starvation, which the state said was the defendant’s fault.
“Day in and day out he is begging for food and Mr. Cervera does absolutely nothing,” said prosecutor Michael Villareal. “You’re going to see a video of him standing in the apartment shivering saying ‘Dad, dad, can I have some bread.?’”
Benjamin Cervera weighed 28 pounds when he died, but defense attorney Jodi Soyars said the boy was always small in stature. Days before his death, doctors didn’t raise any concerns about his health, Soyars said.
“This kid was not starved or dehydrated and it will be in scientific evidence,” she said.
Soyars added that the detective in the case misled the ME’s Office and only gave limited evidence. Another theory the defense brought up is that the defendant’s ex-wife, Miranda Casarez, may have harmed the boy.
“It’s possible she suffocated the child and did something from his breathing. Miranda is the last person to see Benji alive and the other person he’s with until he passes,” Soyars said.
Casarez was found guilty in April and was sentenced to 25 years in prison.
If Cervera is found guilty, he faces up to life in prison.
Testimony will resume Wednesday morning in the 186th District Court.
KSAT 12 will livestream Cevera’s trial gavel to gavel on all digital platforms. We want to warn you that details in this case will be hard to watch and hear during the trial.
You can learn more about the case in the video below: