Benjamin Cervera died from malnutrition. The four-year-old weighed only 28 pounds when he passed away in August 2021.
His stepmother Miranda Casarez was convicted of injury to the child causing serious bodily injury and sentenced to 25 years in prison.
Throughout her trial earlier this year, Casarez often blamed Benjamin’s father, her then-husband Brandon Cervera Sr., for the death. Cervera’s trial began Monday with jury selection. He faces the same injury to a child charges.
Cervera Sr. was portrayed by Casarez as mostly absent but controlling and abusive when present.
Casarez’s trial featured numerous photos of the extremely skinny boy along with videos of his cries for food. Casarez maintained through the trial that she took the videos to document that the boy was obsessed with bread, would not eat other food items, and was constantly begging for bread.
Prosecutors showed photos of the family kitchen, where a well-stocked refrigerator and cupboards sat secured with locks.
In addition to malnutrition, Benjamin’s body was covered in bruises when he died, according to a state document.
The boy’s older brother, known as “BC” in court documents, testified that his stepmother abused Benjamin, making him eat hot sauce and hand sanitizer and at times throwing his small body in the air and letting it drop.
Family members, medical personnel and police had reported their concerns that Benjamin was being abused and neglected to the Department of Family and Protective Services prior to his death.
One San Antonio police report, about a month before, read that Benjamin had two black eyes when a welfare check on the family was made. Around the same time, a family member called the statewide intake line for DFPS and reported the boy had lost a noticeable amount of weight.
And yet, the boy died while still living with his father and stepmother. DFPS had begun an investigation and placed the family on a “safety plan,” a legally non-binding plan where stakeholders agree to certain actions.
Judge Kristina Escalona will hear the case as she heard the first against Casarez. If convicted, Brandon Cervera Sr., faces a maximum penalty of 99 years.
