John T. Floyd Law Firm
Houston Criminal Lawyer
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Experienced Criminal Defense Lawyer
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February 26, 2007
Media Advisory: Robert Perez Scheduled For Execution
AUSTIN – Texas Attorney General Greg Abbott offers the following information about Robert Martinez Perez, who is scheduled to be executed after 6 p.m. Tuesday, March 6, 2007.
Perez was convicted and sentenced to death for the capital murder of Robert Rivas and Jose Travieso. A summary of the evidence presented at trial follows.
FACTS OF THE CRIME
In the mid-1990’s, the Mexican Mafia, or “La Eme,” in San Antonio was in a state of flux. The organization’s president, Herbert Huerta, was sentenced to life in federal prison, so he named Diane “Laura” Guzman as general of the San Antonio division. Luis “Blue” Adames challenged the appointment, naming himself as the new president. The organization split in two, with each faction determined to assassinate the alleged traitors in the other group. Huerta’s supporters included Robert Perez, Robert Herrera, and Frank Estrada,
In April 1994, Perez, Herrera and Estrada spotted Adames’s car in San Antonio. They went home to arm themselves and then returned to the area, looking for Adames. They intended to kill him. Instead, they found Adames’ supporters – both Jose and Jesse Travieso and Robert Rivas. A barrage of gunshots followed, and Perez’s group killed Rivas and Jose Travieso, and wounded Jesse Travieso.
PROCEDURAL HISTORY
December 11, 1997 — A Bexar County grand jury indicted Robert Perez for the capital murder of Robert Rivas and Jose Travieso.
May 21, 1999 — After a change of venue to Dallas County, a jury found Perez guilty of capital murder and following a separate punishment hearing, the court assessed a sentence of death.
September 19, 2001 — Perez’s conviction and death sentence were affirmed on direct appeal by the Texas Court of Criminal Appeals.
February 15, 2001 — Perez filed an application for writ of habeas corpus in the state trial court.
April 30, 2003 — The Texas Court of Criminal Appeals denied habeas relief.
October 14, 2003 — Perez filed a petition for writ of habeas corpus in a Dallas U.S. District Court.
June 24, 2005 — The federal district court denied habeas relief on all of Perez’s claims.
March 23, 2006 — The 5th U.S. Circuit Court of Appeals denied Perez permission to appeal and affirmed the district court’s denial of habeas relief.
June 2, 2006 — Perez sought certiorari review in the U.S. Supreme Court.
October 2, 2006 — The Supreme Court denied certiorari review.
October 19, 2006 — The trial court entered an order setting the execution date for March 6, 2007.
PRIOR CRIMINAL HISTORY
The Mexican Mafia has a violent and extensive criminal history; during the early 1990s, it virtually had a stranglehold on San Antonio. In 1996, Perez and Robert Herrera, Perez’s right-hand man, controlled the gang. Just months after Travieso and Rivas were murdered, Adames was murdered. Perez not only ordered the hit, he had planned it. Additionally, Perez ordered the murders of several other people. Emilio Barrera Alejandro died as a result of thirteen gunshot wounds, eleven to the head and two to the chest. Earnest Ybarra died as a result of twelve gunshot wounds. Adam Tenorio was killed because he disobeyed an order not to discuss the West French Place murders. He died as a result of eleven stab wounds. Robert De Los Santos was killed for the same reason as Tenorio. He died as a result of blunt force trauma and strangulation. Daniel Moreno was killed as an example to other members, having failed to perform some task he had volunteered to do. He died as a result of two gunshot wounds, one to the face and one to the chest. Elijilio De La Garza (“Chico”) died as a result of eleven gunshot wounds, including five to the head. De La Garza was the one who said that Perez had ordered the killings at West French Place. Presumably, he was killed for this reason.
The West French Place murders mentioned above were, at the time, the most violent and bloody in San Antonio’s history. While at least two former members of the Mexican Mafia disputed that Perez ordered the murders, both acknowledged that Perez had ordered the hijacking. It was thought that large amounts of both cocaine and cash would be found in the targeted apartment. Those who participated went armed with shotguns. All five people found in the apartment were bound with duct tape. Then, for reasons still unclear, all five were shot and killed. Only five pounds of marijuana and $300 in cash were confiscated.
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