SAN ANTONIO – Update: A jury found Brandon Cervera not guilty in the death of his 4-year-old son, Benjamin.
Jurors deliberated for over six hours before reaching their decision on Wednesday.
Read the latest here.
Original: A jury is deliberating in the trial of a man accused in the starvation death of his 4-year-old son.
Jurors went behind closed doors around 1:30 p.m. Wednesday to decide whether Brandon Cervera is guilty or innocent in the death of his son, Benjamin Cervera.
Brandon Cervera is charged with injury to a child.
Benjamin was found unresponsive on Aug. 17, 2021, as his stepmother was trying to get him to a hospital.
The Bexar County Medical Examiner’s Office ruled the boy’s death was due to starvation.
During closing arguments, the state said two doctors who testified for the defense and who disputed the autopsy results were not qualified to make opinions.
Another point of focus for the state were the cameras that were in the home and locks installed on cabinets to keep the boy from eating.
“What he did, his actions, he is responsible for his child wasting away. He is the parent, he should’ve protected this child,” Michael Villarreal, a prosecutor, said.
The defense worked hard to dispute the state’s case.
Defense Attorney Jodi Soyars, during closing argments, brought up pictures and text messages between the defendant and ex-wife Miranda Casarez.
Soyars’ focus was on Casarez’s treatment of the boy and how Brandon should not be to blame.
Soyars showed pictures of the boy’s body changes throughout the last few months of his life. She brought up how the two doctors who testified did not think Benjamin was starved or severely malnourished based on the pictures.
“This child was always small and that does not make someone starved,” Soyars said.
Casarez was found guilty in the case earlier this year and was sentenced to 25 years in prison.
If found guilty, Brandon Cervera could face a maximum punishment of life in prison.
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.
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