Pediatrician: ‘Substantial evidence’ of starvation in boy’s death

Defense continues to dispute Benjamin Cervera’s cause of death

SAN ANTONIO – A second state expert witness in the Brandon Cervera trial testified that 4-year-old Benjamin Cervera died of starvation.

In court on Friday, pediatrician Dr. James Lukefahr affirmed the autopsy report’s cause of death was starvation, which the defense continues to dispute.

Cervera is accused in the death of Benjamin. He faces a charge of injury to a child, the same charge his ex-wife, Miranda Casarez, was convicted of earlier this year.

Testimony continued Friday on the fourth day of the trial.

Benjamin was found unresponsive on Aug. 17, 2021, after Casarez attempted to take him to a hospital. The boy did not survive, and doctors were immediately concerned about his weight. Police were called to investigate, leading to the discovery of disturbing conditions in the family’s home.

One of those doctors concerned about Benji’s weight was Lukefahr.

During the state’s questioning of the doctor, he was asked about Benjamin’s growth charts. The jury saw comparisons of Benji’s weight and height during his lifetime.

By his third birthday, Benji was in the 15th percentile, which was considered normal.

“He was a little guy, but he was a normal little guy,” Lukefahr said.

By his fourth birthday, Lukefahr says Benji’s weight was showing growth but during a visit 10 months later, he dropped to the bottom percentile which was not considered normal. At the time of his death, Lukefahr said his weight was so low it was considered under normal.

“Children should be growing during childhood, they should not be losing weight if they are receiving proper nutrition,” Lukefahr said.

As the state rested their questions with the doctor, the last question they asked was what he would consider Benji’s death.

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

Testimony will resume Monday morning. The state is still presenting witnesses.

Cervera is facing up to life in prison if found guilty.

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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About the Authors

Erica Hernandez is an Emmy award-winning journalist with 15 years of experience in the broadcast news business. Erica has covered a wide array of stories all over Central and South Texas. She's currently the court reporter and cohost of the podcast Texas Crime Stories.

Halee Powers is a KSAT producer primarily focused on digital newscasts and events.

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