Brandon Cervera Found Not Guilty of Starvation Charges in Son’s Death

Brandon Cervera Acquitted of Starvation Charges in Son’s Death

In a heart-wrenching trial that gripped San Antonio, Texas, a jury has acquitted Brandon Cervera, a 31-year-old father, of the charges alleging he starved his four-year-old son, Benjamin “Benji” Cervera, to death. The verdict came after a six-day trial, concluding with the jury’s decision around 8 p.m. on October 2, 2024. This case drew considerable attention and emotional reactions from both court attendees and the community at large.

The Charges and the Courtroom Drama

Brandon Cervera faced serious charges of injury to a child that resulted in serious bodily injury following the tragic death of his son on August 17, 2021. If the jury had found him guilty, he could have been sentenced to life in prison. As the not guilty verdict was announced by State District Judge Kristina Escalona, Cervera was visibly moved, shedding tears in response to the outcome.

The prosecution, represented by attorneys Thomas Damico and Michael Villarreal, argued passionately that Cervera intentionally withheld food and water from Benji and neglected to seek medical attention when he was clearly in distress. Villarreal highlighted failures in the system that allowed Benji to remain with Cervera in the months leading up to his death, stating emphatically, “The signs were there.” The prosecution also presented troubling video evidence showing young Benji pleading for food and water, which added an emotional layer to their argument.

The Defense’s Position

Conversely, defense attorney Jodi Soyars contended that Cervera did not starve his son and argued that an undiagnosed medical condition could have contributed to the tragedy. Soyars asserted, “I am not saying that Brandon is a perfect parent, but the state has brought you no evidence that he was a cruel parent.” She challenged the prosecution’s narrative by providing alternative explanations for Benji’s health issues, including presenting her own medical experts to counter claims from the state’s witnesses.

Emotionally Charged Testimonies

Throughout the trial, both sides presented compelling testimonies from law enforcement officials, medical professionals, and family members. The jury viewed shocking autopsy photos showing bruises on Benji’s frail body and videos depicting his desperate pleas for food. These included a heart-wrenching video of Benji crying out for water and snacks and another, captured just hours before his death, where he asked for bread.

During the prosecution’s closing statements, they pointed to locked kitchen cabinets and a refrigerator as evidence of intentional deprivation, arguing that Cervera had created an environment that prevented Benji from accessing food. Damico emphasized that the arrangement suggested an atmosphere where Benji was left to suffer. “Cameras are installed to view the children and the kitchen… why were they placed there?” he asked the jury.

Contrasting Medical Testimonies

The trial also featured conflicting opinions from medical professionals regarding the cause of Benji’s death. While the Bexar County chief medical examiner Dr. Kimberley Molina testified that starvation was the cause of death, Dr. Daniel Gebhard, an emergency room physician who treated Benji, described his observations and expressed doubts about the starvation conclusion. Gebhard mentioned that he did not think Benji appeared to have a severe weight loss condition, complicating the narrative being presented by the state.

A Mother’s Conviction and Its Impact

Brandon’s wife, Miranda Casarez, was previously convicted of injury to a child in relation to Benji’s death and had received a 25-year prison sentence. This tragic background added to the complexity of the case and created a public outcry regarding child safety and parental responsibility.

Now Cervera walks away with the burden of a devastating loss and a complicated legacy. As the community reflects on this tragic case, many are left wondering about the systems meant to protect vulnerable children like Benji, and how those systems can be improved to prevent such heartbreaking outcomes in the future.