2954, 57 L.Ed.2d 973 (1978). However, appellant was also given the statutorily mandated mitigation instruction of Article 37.071 2(e) which provides the jury with just such a vehicle needed to consider and give effect to evidence such as evidence of intoxication which does not rise to the level of temporary insanity. Hence, appellant's point of error thirty is overruled. 'Gonzalez' said that his brother was one of the six people involved in killing the girls, and gave police the names of all but one, the new recruit, whom he did not know. For instance, a special instruction is not mandated under our law requiring a jury to affirmatively answer whether they believed witness A, but not witness B. After entering through a window on the fourth floor, two intruders were seen on surveillance video swiping an oversized ceremonial gavel from a judge's bench and later donning sombreros found in a Bar Association storage closet. FN7. Eight minutes later, he was dead. Three dozen supporters cheered as the families emerged after the execution. Evidence of the mental or physical incapacity of the defendant caused by voluntary intoxication may be introduced by the defendant in mitigation of the penalty attached to the offense for which he is being tried. 81(b)(2). I'd do the same thing if I was in his position. In that case, a 27-year-old woman was found at a Houston park with her throat cut. Appellant has not done this. See, e.g., Thacker v. Dretke, 396 F.3d 607, 617 (5th Cir.2005); Elizalde v. Dretke, 362 F.3d 323, 332-33 (5th Cir.2004); Woods v. Cockrell, 307 F.3d 353, 361 (5th Cir.2002). The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. Munoz allegedly stole more than 100 beers, along with cigarettes and rolling paper at a Valero Corner Store in the 1200 block of Probandt Street, according to an arrest warrant affidavit. Cantu declined requests for interviews prior to his execution. Appellant's specific complaint seems to be racial discrimination based on the race of the victim in that he notes that appellant is Hispanic and the named victim was white. * that appellant created problems in school by fighting and cursing; Before moving to Central Texas, Michael worked as a digital content producer and later flourished into a news reporter at KCBD NewsChannel 11. Appellant asserts in his forty-first point of error that the Due Process Clause of the Fourteenth Amendment requires this Court to engage in proportionality reviews of death penalty cases. This is a carousel. Some of the girls' jewelry was recovered from his bedroom. He's set to make the trip again, to witness for the third time the execution of one of the gang members responsible for the rape and murder of his teenage daughter and her schoolmate. 2. Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. Required fields are marked *. However, when requesting a running objection, appellant asked for a running objection to all these hearsay statements. Appellant's objections encompass complaints under both the Texas Rules of Criminal Evidence governing the admission of hearsay statements and the Confrontation Clause of the United States Constitution. See Penry v. Johnson, 532 U.S. 782, 803, 121 S.Ct. Five French citizens were arrested at the Bexar County Courthouse after a silent alarm alerted authorities at about 1 a.m. that someone was using one of the historic building's fire escapes. Point of error forty-two is overruled. At Cantu's trial, immediately before the sentence was pronounced, Judge Bill Harmon allowed Jennifer's father, Randy Ertman, to speak directly to Cantu. denied, 513 U.S. 1021, 115 S.Ct. On February 4, 2009, the district court denied habeas relief in a particularly thoughtful and thorough memorandum and order. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. He was frustrated that he had been the one who was unable to fight Raul. 9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. at 49. Cantu allegedly bragged to friends and family about being the ringleader of the incident, and he paid for it with his life. We also note that to preserve error for appellate review, assuming there was error, the party alleging error must have informed the trial court as to his complaint by making a timely objection so that the trial court was given an opportunity to rule on the complaint. She bought the beer and went with the group, unwittingly heading to her death. Hell, no.". The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. I love you too Pete, may you find peace wherever you are, finally you are free. 2009). denied, 510 U.S. 1215, 114 S.Ct. As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. The girls were still being raped when Cantu whispered to Venancio, "We're going to have to kill them.". In related point of error eleven, appellant alleges that the trial court erred in failing to set aside the indictment because the special issues are not properly understood by the jurors. THE COURT: Yes, sir. They said they would buy her some gas and get her on the road again if she did. In contrast, in Smith v. State, 919 S.W.2d 96 (Tex.Crim.App.1996) (plurality op. However, enough tissue did exist for the medical examiner to determine that the girls had died of a trauma to the neck which was consistent with strangulation. PEDRO CANTU, JR. - Laredo Morning Times Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . The third man was given 40 years in prison and is eligible for parole. [WITNESS:] [Appellant], Joe, Junior and Raul. However, none of these cases stand for the proposition that this plea must be made by appellant or his counsel, personally. Instagram Contact Us Check out some new shirts! Ayesha Gani. Jail. denied, 510 U.S. 1215, 114 S.Ct. BSCO is seeking any information on the two suspects shown in the video. Thus, no egregious harm, if any harm at all, can be established. She'd been raped and eviscerated. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . Point of error twelve is overruled. Point of error nine is overruled. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. However, no such evidence exists. While this standard may be met if the evidence would permit a finding contrary to that establishing Cantu's participation in the actual murders, see Aguilar, 428 F.3d at 531, our interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense, Campbell v. Dretke, 117 Fed.Appx. However, this holding was subsequently rejected by the Seventh Circuit. es una historia oral de la comunidad catlica romana mexicana y mexicoamericana que lleg a habitar una llanura aluvial en el este de Austin, despus de su desplazamiento del centro de Austin hace ms de un siglo. denied, 516 U.S. 832, 116 S.Ct. At 11:30 p.m., Jennifer and Elizabeth decided to head for Elizabeth's house where Jennifer would then call a taxicab to take her home. Point of error twenty-four is overruled. 385, 133 L.Ed.2d 307 (1995); Broxton v. State, 909 S.W.2d 912 (Tex.Crim.App.1995); Sonnier v. State, 913 S.W.2d 511 (Tex.Crim.App.1995). Furthermore, our statutory scheme has not radically changed from the version upheld in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. B Rare CDs, MP3s, DVDs and MP4s Live Concert Recordings Please submit missing details you may have. To meet the second required showing, Cantu must demonstrate that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different, id. 1978, 131 L.Ed.2d 866 (1995). at 688, 690, 104 S.Ct. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. The gang then drank beer and engaged in horseplay. 705 (1992). Cantu v. Quarterman, No. Article 37.071 2(f)(4) defines mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. (Emphasis added.) Valerie Nicole. denied, 513 U.S. 861, 115 S.Ct. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. (plurality op. He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. denied, 516 U.S. 1021, 116 S.Ct. Cantu first argues that the state trial court's refusal to inform the jury of Texas parole law violates the Fourteenth Amendment's Due Process Clause. "Im sure a lot of people will get closure from this because it affected a lot of people," said Pena, acknowledging the support his family and the Ertmans have received over the years. The price of the Beefy Crunch Burrito had gone up from 99 cents to $1.49 and. 2253(c), Cantu now seeks from this court a certificate of appealability. The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. Texas Code of Criminal Procedure article 26.05(a) provides that counsel shall be reimbursed for reasonable expenses incurred with prior court approval for purposes of investigation and expert testimony [. ), we noted that it has long been the law in Texas that evidence of a deceased's good and peaceful character is not admissible unless and until that character is placed in issue by the defendant. He was charged with unlawfully carrying a weapon. Cantu was described as the leader of small gang known as the Black and Whites. Tex.Code Crim. Appellant kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifer's neck until she stopped moving. The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. To this day, Houstonians remember the girls' names and what happened to them. But I think I will probably sleep a little better. He gave no final statement and showed no remorse for his acts. First, he asserts that he received ineffective assistance because his trial counsel failed to object on due process grounds-though counsel did object on evidentiary grounds-to the court's admitting photographs of the victims' bodies and of the crime scene as found by the investigators. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. 1224th murderer executed in U.S. since 1976 22 posts. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". He was dearly loved and will be greatly missed by all who knew and loved him. Now, Cantu seeks a COA on five of the issues he raised below. Moore v. State, supra at 128, 128-09). Elizabeth was also strangled with her shoelaces, after crying and begging the gang members not to kill them; bargaining, offering to give them her phone number so they could get together again. Texas Metal - Full Cast & Crew - TV Guide The lethal injection was started, and he was pronounced dead at 6:17 p.m. "Cantu executed for 1993 deaths of Houston teens," by Mike Tolson. . At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. A 14-year-old attacker was given a 40-year sentence. Appellant has given us no reason to revisit our analyses in these cases, nor has he shown us any distinguishing evidence in the record or provided us with any other reason why these cases should not control in the instant case. C. Texas's Mitigating Evidence Instruction. Maybe some satisfaction, but never closure.". Log In. Cantu; Pete Cantu; Texas; San Antonio; Pete Cantu in San Antonio, TX 19 results - Pete Cantu may also have lived outside of San Antonio, such as Laredo, Sinton and 2 other cities in Texas. Moore v. State, 935 S.W.2d 124, 130 (Tex.Crim.App.1996). A clemency must be granted to Peter Cantu. As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. Perhaps 100 yards away, a handful of death penalty opponents spoke over a loudspeaker against Cantus execution and the states system of capital punishment, the most active in the nation. Martinez was fifteen years old and testified that she had known appellant for approximately three years and went out with him and mutual friends almost every weekend. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. They then used Ertman's shoelaces to finish strangling her. The police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. your email below for our complimentary daily grief messages. Final/Special Meal: Citations: Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. Associated Addresses. He let out a final breath at 6:17 p.m. and peacefully died. Medellin's DNA matched semen samples taken from Patricia's body. Native County: Harris After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. Appellant, along with his co-defendants, brutally raped, strangled, and stomped the two girls to death. However, because his last objection was specifically to hearsay, we will address the point on this ground. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. 2253(c)(1). OVERSTREET, Judge, concurring and dissenting. 1676, 95 L.Ed.2d 127 (1987). Additionally, the Texas death penalty scheme was found constitutional by the Supreme Court in Jurek v. Texas, 428 U.S. 262, 270-72, 96 S.Ct. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. "It does make a little difference. Select the best result to find their address, phone number, relatives, and public records. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. In point of error forty-five, appellant claims that his death sentence should be overturned because racial discrimination continues to taint the Texas sentencing scheme in violation of the Eighth Amendment and the Equal Protection Clause of the Fourteenth Amendment. They alerted the police and posted fliers, but the girls were not found. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. Based on all of this evidence, the state court determined that a reasonable jury would not acquit Cantu of capital murder and convict him of the lesser-included offenses. [THE STATE:] And did they talk about having anal intercourse with the girls in front of [appellant]? at 826-28, 111 S.Ct. February 19, 2014. On December 13, 2006, the Texas Court of Criminal Appeals likewise denied Cantu's state habeas application after it adopted the trial court's findings of fact and conclusions of law in an unpublished order. The state court concluded that Cantu's counsel's performance was not deficient because the prosecution's statements were proper under Texas law and did not inject new or harmful facts into the trial in light of the record as a whole. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. Sign Up. Instead of taking her back to her truck, the trio took her to a back parking lot in Melrose Park in Houston, where they took turns raping and sexually assaulting her before stabbing her to death. Id. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. Ruben Cantu: The wrong man? | CNN He made off with two cases of Budweiser beer and about 140 DVDs before police caught up with him.Read more: Police: Man rammed car into Dollar General, stole Budweiser, , 37, of Universal City, was arrested outside a Whataburger on Pat Booker Road April 30, 2014. In his thirty-fifth point of error, appellant complains that the trial court erred in failing to give the jury instructions on the lesser-included offenses of murder, sexual assault, robbery, and kidnapping. During that conversation, Joe Cantu testified appellant agreed he had killed both girls and stomped on their necks. Specifically, appellant complains of the following argument: Id. In related point of error thirty-one, appellant avers that the trial court erred in denying his requested charge informing the jury that he would receive a life sentence should they fail to agree on the answer to any one of the punishment issues. Some carried signs but none chanted or spoke loudly. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. The murders also forced Houston city officials to treat gangs as a serious crime problem, when they had previously denied that there was a gang problem in the city. * that appellant made threats at a hospital and in jail. He specifically states that the Texas death penalty is unconstitutional under the Eighth Amendment, the Equal Protection Clause of the Fourteenth Amendment, and Article 1, Section 13 of the Texas Constitution. denied, 512 U.S. 1246, 114 S.Ct. Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. Graveside services and interment followed in the St. Marys Catholic Cemetery. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. And, finally, in point twenty-seven, appellant alleges that the scheme is unconstitutional as applied in that the future dangerousness issue does not encompass consideration of the act or conduct that formed the basis of conviction in any meaningful or standardized manner. Appellant combines all three of these points into one argument in which he basically alleges that the special issues do nothing to insure that the sentencer's decision was not an act of unbridled discretion.. They didn't have the luxury of having anybody intervene for them, and he wants you to don't kill this child. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. Appellant contends in his forty-fourth point of error that Article 37.071 2(a),FN13 which prohibits the judge and the parties from informing the jury of the effect of a failure of the jury to agree on their answers to the special issues, violates the Eighth and Fourteenth Amendments to the United States Constitution. Appellant has provided no reason why the situation should be different in Texas. The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Medellin said that they "had fun" and that their activities would be seen on the TV news. Jester Park at White Oak Bayou. Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. If there is the mitigation, is it sufficient, sufficient to rise to the level that you want to take this man, [appellant], and show him some mercy. Retrieved June 3, 2022. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. They were friends who attended the same high school in Houston, Texas, Waltrip High School. He contends in his twenty-sixth point of error that the scheme is unconstitutional as applied in that it fails to channel the sentencer's discretion. Subsequent decisions by this court have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime. East v. Scott, 55 F.3d 996, 1005 (5th Cir.1995) (internal citation omitted) (quoting Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir.1988)); see also Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir.2005). denied, 510 U.S. 919, 114 S.Ct. PEDRO CANTU OBITUARY Pedro "Pete" Cantu Jr. passed away at 7:00 AM Tuesday, March 19, 2019 at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his. Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. Appellant's fourteenth point of error is overruled. Man arrested after police say he stole vehicle of deputy who was - mySA He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. 84 Lumber | Building Materials - West Texas Home Builders Association Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4 - YouTube Because we have this procedure set up, do we kill our children? Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. FN2. At this point, Roman and Frank Sandoval decided to leave. He was friendly and never met a stranger. Proc. 2556, 135 L.Ed.2d 1074 (1996). Article 36.01, which governs the order of proceeding in trial, states in pertinent part: Elections 2016 See also: Donna Independent School District elections (2016) Six of the seven seats on the Donna Independent School District school board were up for general election on They were spotted by the group, pulled off the tracks and taken into nearby woods where they were sexually assaulted. While a police helicopter was flying over the park, Cantu called 9-1-1 and told them to look on the other side of the bayou. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. In his tenth point of error, appellant contends that the trial court erred in denying appellant's request for expert assistance to challenge the constitutionality of the special issues at the punishment phase. Dr. Robert Cantu, chief of neurosurgery at Emerson Hospital in Concord, Mass., and one of the nation's foremost authorities on concussions and brain trauma in youth sports, called the decision to . Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. 433, 130 L.Ed.2d 345 (1994). 2052, and, notably, the mere possibility of a different outcome is not sufficient to prevail on [this] prong, Crane v. Johnson, 178 F.3d 309, 312 (5th Cir.1999). In regard to points twenty-one and twenty-three, appellant argues that the jury should have been required to identify which unadjudicated offenses they found appellant had committed.FN10 Because they did not, appellant contends, this Court is unable to consider the unadjudicated offenses in its evaluation, thus barring a review of the sufficiency of the evidence of the punishment issues. "He's a guy who fully accepts his responsibility.". At least they probably have a daughter they can go home to," Stacey said. Derrick Sean O'Brien was executed in July 2006. In point thirteen, appellant remarks that this Court has said that it can and should interpret the Texas Constitution in a more expansive manner than the federal constitution and cites us to several cases for this proposition. RESPONSE SUMMARY JUDGMENT MTN March 30, 2010 | Trellis 2934, 106 L.Ed.2d 256 (1989). Because the second prong of the Rousseau test was not met, appellant was not entitled to a charge on the lesser included offenses of sexual assault, robbery, or kidnapping. Log in or sign up for Facebook to connect with friends, family and people you know. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. She told him that she felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. See Lawton, supra. Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony After unsuccessfully appealing his conviction . 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. The parents of Ertman and Pena, supported by other family members and friends, looked on as Cantu stared straight up toward the ceiling, taking one deep breath before he closed his eyes. denied, 512 U.S. 1246, 114 S.Ct. Point of error twenty-nine is overruled. 869, 71 L.Ed.2d 1 (1982) and Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2658, 125 L.Ed.2d 290 (1993). ADDITIONAL LINKS That is when Cantu, now 35, is set to die by lethal injection in Hunstville. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. We have previously addressed and rejected this contention. In fact, while Rousseau actually addressed the pre-1991 version of the statute, we noted that the Interpretive Commentary to the revised 1991 statute, under which appellant was tried in the instant case, stated that the revisions foreclosed the potential for a challenge to the statute based upon Mills v. Maryland, 486 U.S. 367, 108 S.Ct. . It's not a question of you killing this child. And finally, the prosecution closed by reiterating: (The execution) doesnt really make me feel any better, knowing that there are three guys that got away with this. 2765, 129 L.Ed.2d 879 (1994); McCleskey v. Kemp, 481 U.S. 279, 107 S.Ct. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. Mines v. State, 888 S.W.2d 816 (Tex.Crim.App.1994), cert. In 1946, Pete initially started as a messenger boy for Western Union. Viva Cristo Rey! 1029. Several witnesses testified appellant had a history of violent behavior and offenses. Peter Cantu's execution set for tonight - ABC13 Houston His second requested charge is also a misstatement of the law in that Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. See Free v. Peters, 19 F.3d 389 (7th Cir. 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. Velocity Network's Show "Texas Metal" Season 2 Cast and Crew After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. Medellin and O'Brian each apologized prior to their respective executions, but Pena said he did not expect an apology from Cantu on his deathbed and he was not surprised when he did not get one. See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). ^ D'Alessandro, Anthony (January 22, 2022). Both Tison and Enmund were concerned with the implementation of the death penalty on defendants who were not proven to have an intent to kill.
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