The Tragic Case of Benji Cervera: Mom Sentenced While Dad Walks Free After Their Child Dies of Starvation

The tragic death of 4-year-old Benji Cervera has sparked intense legal battles and divided opinions. 

After weeks of trial, jurors had to decide whether Benji’s father, Brandon Cervera, was guilty of allowing his child to starve to death. 

Despite the harrowing details, Cervera was ultimately acquitted.

This judgement has left many questioning what truly happened to the young boy.

A Troubled Family and a Heartbreaking Loss

Benji’s life came to a tragic end on August 17, 2021, when he was found unresponsive by his stepmother, Maranda Casarez. 

After the discovery, he was rushed to the Children's Hospital of San Antonio.

Doctors quickly realized that Benji was dangerously underweight, bruised, and suffered from a range of injuries. 

Despite efforts to save him, Benji passed away.

The Bexar County Medical Examiner’s Office later ruled that starvation was the cause of death. 

As investigations unfolded, the extent of Benji’s suffering was revealed.

The circumstances surrounding his death were truly shocking.

At the time of Benjis death, he weighed just 28 pounds.

Benji was aslo found with several bruises and two black eyes.

Additionally, he had no food in his intestinal tract, according to forensic pathologists. 

The state’s attorneys argued that his father and stepmother had locked him away, depriving him of food and care. 

The evidence against the family seemed damning.

There were locks on kitchen cabinets, refrigerators, and even Benji’s bedroom door.

This signs showed the child was trapped without access to food. 

Videos showed Benji hitting himself and crying for bread, leading investigators to believe that physical abuse played a role in his death. 

Benji's father, Brandon, admitted that his son had bruises but claimed the injuries were self-inflicted. 

He maintained that Benji was a sickly child, naturally skinny, and prone to hurting himself. 

While the prosecution painted a clear picture of neglect, the defense presented a different narrative.

This narrative questioned the root cause of Benji's death.

Brandon Cervera

Investigation Reveals Conflicting Theories

As authorities dug deeper into Benji’s tragic death, conflicting testimonies emerged. 

According to Bexar County Medical Examiner Dr. Kimberly Molina, Benji had died from starvation. 

However, defense experts disputed this claim. 

Dr. Erik Christensen, a former Utah medical examiner, stated that Benji’s death could not be conclusively linked to starvation. 

He pointed out that photos showed the boy with "full cheeks" before his murder.

The defense also argued that Benji could have suffered from untreated medical conditions such as diabetes or a seizure disorder, which might have caused his death. 

Another defense witness, Dr. Daniel Gebhard, a pediatric ICU specialist testified in court.

He said that while Benji was underweight, he did not believe starvation was the cause of death. 

Dr. Gebhard even presented pictures of his own children and relatives, who were naturally thin.

He did this to suggest that some children simply appear malnourished despite being healthy. 

This testimony was met with skepticism from the prosecution.

They accused the defense’s experts of being "paid for" opinions. 

Christensen, for example, had charged $18,000 for his work on the case.

Throughout the trial, the state prosecutors maintained that the evidence pointed to intentional starvation. 

They highlighted video footage of Benji begging for food and the locks installed throughout the home.

Prosecutors described the father’s failure to intervene as a deliberate act, leaving Benji to suffer and waste away.

Brandon Cervera in court

Trial 

The trial itself was a tense, emotional affair. 

Prosecutor Michael Villarreal, representing the Bexar County District Attorney’s Office, argued that Benji was intentionally starved.

He highlighted numerous warning signs that had gone ignored. 

According to Villarreal, multiple people had raised concerns about Benji's weight and his bruises to child welfare services, yet nothing was done. 

He lamented the systemic failures that allowed Benji to remain in an abusive environment, despite clear signs of mistreatment.

On the other hand, defense attorney Jodi Soyars portrayed Brandon Cervera as a concerned father.

They argued that Brandon had followed medical advice and had no intention of harming his son. 

Soyars claimed that the true blame lay with Benji’s stepmother, Maranda Casarez.

She had already been found guilty of causing Benji’s death earlier and sentenced to 25 years in prison. 

According to Soyars, Cervera was unaware of much of the mistreatment occurring while he was at work.

Soyars also tried to explain away other evidence, such as the family’s decision to install locks on the pantry and fridge.

She claimed they were precautionary steps taken to stop Benji from sneaking food, not as methods of starving him. 

She even argued that squats—used as a punishment for Benji when he asked for bread—were not cruel.

She believed it was a form of positive reinforcement aimed at making him stronger.

Brandon Cervera

The Verdict and the Fight for Justice

After seven days of testimony and over six hours of deliberation, the jury reached its decision.

Brandon Cervera was found not guilty of Benji’s murder. 

The verdict came as a surprise to many, especially given the guilty conviction of Casarez for the same crime. 

Upon hearing the jury’s decision, Cervera broke down in tears.

He was visibly relieved that he would not spend the rest of his life in prison.

While the jury may have acquitted Cervera, questions about what happened to Benji remain. 

Many wonder how a child could die under such tragic circumstances without someone being held fully accountable. 

Despite the acquittal, Bexar County District Attorney Joe Gonzales acknowledged the tragedy of Benji’s loss in a statement.

He emphasized that his death would not be forgotten.

As for Maranda Casarez, she remains in prison, serving her 25-year sentence for her role in Benji’s death. 

She recently lost her appeal.

While her legal battle has ended, the case continues to stir emotions among those who followed the trial.

Miranda Casarez

Key Factors in Casarez's Conviction

While both parents faced charges related to their son's death, the jury found Casarez's actions more culpable.

This was due to the direct evidence of her neglect and abusive behavior presented during her trial.

 

Some of the evidence are listed below.

1. Evidence of Neglect: The prosecution presented disturbing video evidence recorded by Casarez herself.

The video showed Benjamin crying and pleading for food and water just hours before his death. 

This footage illustrated the severe neglect he experienced.

2. Testimony from Witnesses: Benjamin's older brother testified about the abuse and neglect he witnessed.

He claimed that Casarez would punish Benjamin harshly and deny him food while ensuring that other family members were fed. 

This testimony was pivotal in establishing a pattern of neglect and abuse.

3. Text Messages: Prosecutors introduced text messages between Casarez and her mother discussing the denial of food to Benjamin.

This further supported the claims of intentional neglect.

4. Medical Evidence: The medical examiner determined that Benjamin's death was due to starvation.

This reinforced the prosecution's argument that Casarez's actions directly contributed to his demise.

The tragic death of Benji Cervera is a clear reminder of the complexities of the justice system.

A Community Mourns, and Questions Linger

Benji’s death has left a deep scar on the San Antonio community. 

Friends, family, and even strangers continue to mourn his tragic and untimely passing.

Despite the acquittal of his father, many continue to ask how such a young boy could suffer so much without someone intervening sooner. 

Additionally, the failure of child protective services and the legal system to prevent Benji’s death has left a lingering sense of injustice, even as the case has officially closed. 

In the end, Benji’s death serves as a powerful and painful reminder that some tragedies are far too complex to have clear answers, and the pursuit of justice is not always straightforward.

In another heartbreaking case, a father took his daughter's life to retaliate against her mother, who had been awarded full custody. 

Click here for more details on the case.

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