2006: Derrick O’Brien, for murdering Jennifer Ertman and Elizabeth Pena

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Ten years ago today, Texas executed Derrick O’Brien for an infamous Houston gangland crime — the rape-murder of Jennifert Ertman and Elizabeth Pena.

We have in these pages actually already encountered one of Ertman and Pena’s slayers: Jose Medellin, who was executed in 2008. That case was notable for the litigation resulting from Texas’s failure to comply with the Vienna Convention by notifying the Mexican consulate of Medellin’s arrest — and the Medellin post focuses on that issue. This post turns instead to the crime itself.

On June 24, 1993, Ertman and Pena — 14- and 16-year-old Waltrip High School students desperate to beat curfew — took a late-night shortcut along a railroad skirting the White Oak Bayou.

At a railroad trestle in T.C. Jester Park, just moments from home, they encountered our man Derrick O’Brien, Jose Medellin, and four other young men toasting a gang initiation. The six fell on the vulnerable girls and raped both, then strangled them with shoelaces.

Even for a city as large as Houston, it was a shattering crime that still haunts the lost girls’ friends and neighbors.


Memorial to Ertman and Pena in T.C. Jester Park. (cc) image by Pepper Hastings.

Politically, it thrust gangs to the front of the agenda for Houston pols. The girls’ kin* also fought successfully to adjust Texas Department of Criminal Justice procedure in order to permit victims’ family members to witness executions, an innovation that is now widely used throughout the U.S.

O’Brien, barely 18 when he took part in the murder, turned up in the crowd gawking at the crime scene when it was first discovered, and some video footage chances to catch him smiling and laughing. He would eventually be the first person put to death for the Ertman-Pena murder.

Besides O’Brien and Medellin, the gang leader Peter Anthony Cantu was also executed for this murder. Efrain Perez and Raul Villareal, both 17 years old at the time of the attack, were condemned to death initially but had their sentences commuted after the U.S. Supreme Court barred the execution of juvenile offenders. Fourteen-year-old Venancio Medellin — Jose’s brother — caught a 40-year sentence that he’s still serving.

* Notably, Jennifer Ertman’s father Randy became an outspoken crime victim advocate until he succumbed to cancer in 2014.

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