D’Lanny Chairez was handed a 20-year prison sentence after pleading guilty in the death of her son, baby James, in 2021. Loved ones say justice was not served.
SAN ANTONIO — A San Antonio mother was sentenced for the death of her child.
In 2021, the remains of 20-month-old James Chairez were found inside the family’s mobile home, a couple of months after he was reported missing.
On Tuesday, his mother took a plea deal.
Marisol Benavidez was not happy with the plea deal and says she feels justice was not served for baby James.
“I’m sorry baby. I tried. I wished there was more I could have done,” said Benavidez. “My hands are tied. Bexar county failed another child.”
Through tears Benavidez, the aunt to both D’Lanny and baby James Chairez, spoke after a plea deal was accepted by D’Lanny in the death of her son.
Cameras were not allowed inside the courtroom as the child’s mother pleaded guilty. She faced three counts of assault serious bodily injury to a child. She faced between 5 to 99 years for each count.
D’Lanny was only convicted on one of those charges, that the court says occurred on April 28, 2021. She was given a 20-year sentence and a $5,000 fine.
“That’s not justice. What are we telling people? that ‘It’s okay, go ahead, kill your child. It doesn’t matter, you’re not gonna get any time,'” said Benavidez. “It’s a slap on your hand. It’s a slap in James’ face.”
Both D’Lanny and baby James were reported missing in February 2021 and surveillance video last showed James alive on January 4, with D’Lanny pushing him in a stroller.
D’Lanny was found and arrested in March after she reportedly told police she wanted to give up James because she wasn’t ready to be a mother. She also didn’t tell police where he was.
In April 2021, police found the remains of baby James in the family’s mobile home.
“We’ll never know why now and I don’t think that they’ll tell me what happened to him, when it happened to him,” said Benavidez. “I’ve already asked that several times and they won’t tell me. I have asked for a copy of the autopsy because he’s a minor.”
After the plea deal, Benavidez was allowed to read an impact statement, which she also read outside the courtroom.
“I had so many dreams for him. Watching him grow, celebrate every birthday and attend every school function. D’lanny, you took that all away from us. I wanted to help him become the person he was meant to be but we can’t anymore. All of that is now gone D’lanny and I don’t say James’s mother, because you don’t deserve to be called his mother,” she read.
KENS 5 did reach out to the District Attorney’s Office, who provided the following response:
Today’s decision to offer this plea agreement was not made lightly and we understand the desire for outcomes that are fully reflective of the harm caused. The loss of a child is devastating and we recognize the profound impact it has on everyone involved.
From the beginning, our prosecution team was in constant communication with the victim’s family and was transparent about the potential results that could occur if the case was taken to trial. Our office approaches every case with diligence in pursuit of the best possible result based on the facts and evidence available. When a case’s findings do not clearly support a conviction beyond a reasonable doubt, we must consider other legal outcomes that are appropriate under the circumstances.
We will continue to remain steadfast in our commitment to serve the public interest, uphold the law and seek justice in every case we prosecute, including crimes against children.