Appellant did not object to the inclusion of this instruction in the charge. Instagram Contact Us Check out some new shirts! At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. Thus, this evidence is admissible under Texas Criminal Evidence Rule 401. The court shall charge the jury that in answering the issue submitted under Subsection (e) of this article, the jury: For the past year, he worked in Central Texas at KCBD's sister station KWTX. Tex.R.App. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. 2. The vague references to 35 years in questioning the above-discussed witness were certainly not sufficient to inform the jury of the law. He was charged with unlawfully carrying a weapon. The district court noted that the prosecution was seeking to counteract Cantu's mitigating evidence by bringing attention to the victims and comparing the legal process by which Cantu might receive a death penalty to the brutality of the murders committed by Cantu. Now [defense counsel], I don't blame him. Visit Website. * * * Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. See Woods, 75 F.3d at 1039. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. Some carried signs but none chanted or spoke loudly. A memorial for them was also placed at T.C. 586, 130 L.Ed.2d 500 (1994). In a thorough and well-reasoned memorandum and order, the district court denied habeas relief and, sua sponte, declined to issue a certificate of appealability on any of the issues raised by Cantu. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. A 14-year-old attacker was given a 40-year sentence. Refine Your Search Results. Because the consideration and weighing of mitigating evidence is an open-ended, subjective determination engaged in by each individual juror, we conclude that Article 37.071 2(f)(4) does not unconstitutionally narrow the jury's discretion to factors concerning only moral blameworthiness as appellant alleges. One of the boys boasted of having 'virgin blood' on him. Appellant adopts Justice Blackmun's arguments in his dissenting opinion on the denial of certiorari in Callins v. Collins, 510 U.S. 1141, 114 S.Ct. FN1. 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. 284, 126 L.Ed.2d 234 (1993). 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. Danny Acosta, 30, faces a charge of aggravated robbery after he allegedly robbed a house last month. Pete Cantu. 1317, 131 L.Ed.2d 198 (1995). Texas presents the question of mitigating evidence to a jury through article 37.071, sections 2(e)(1) and 2(f)(4) of the Texas Code of Criminal Procedure. Point four likewise claims reversible error in denying him the right to question prospective jurors about their ability to consider the 35-year minimum calendar years he would have to serve on a life sentence before becoming parole eligible. Id. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. 2253(c), Cantu now seeks from this court a certificate of appealability. They alerted the police and posted fliers, but the girls were not found. In his argument, appellant basically urges this Court to re-evaluate its prior holdings that Article 37.07 does not apply to capital cases and that the admission of unadjudicated extraneous offenses at the sentencing phase of a capital trial does not offend the Eighth and Fourteenth Amendments. Because of our resolution of points of error eighteen and nineteen, supra, we hold that this was not error. Also gone is natural gas pioneer George Mitchell, who passed . See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. Points of error eighteen and nineteen are overruled. The Antiterrorism and Effective Death Penalty Act (AEDPA) requires a petitioner to obtain a COA in order to appeal the district court's denial of his habeas petition. Look at the evidence. For 24 years, Metal Depot has been serving Southeast Texas with the best quality metal materials for commercial, industrial, and residential needs. Mental or physical incapacity caused by intoxication means that the defendant's mental capacity was so disturbed from the introduction of a substance into his body that the defendant either did not know that his conduct was wrong or was incapable of conforming his conduct to the requirements [sic] of the law he allegedly violated. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. denied, 511 U.S. 1100, 114 S.Ct. However, none of these cases stand for the proposition that this plea must be made by appellant or his counsel, personally. In related point twenty-three, he further alleges that the trial court's charge on unadjudicated offenses requires reversal because there is no way for this Court to meaningfully review the sufficiency of the evidence. Date Received: 03/18/94 By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. VICTORIA John M. Cantu Sr., 69 years of age, passed away Saturday May 29, 2021 at 10:40pm. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. B B King; B L A C K I E; B Movie Blues; B Rezell and OFTB; B-52s; B-Wave Heusden; B3 Fusion; B3 Kings; B52s; Ba Cissoko; Baaba Maal; Bab L Bluz; Bab Lbluz; Baba Commandant; Baba N Work history: Acw Specialties Sheet Metal Worker. The boys then began strangling the girls. After the assault, the gang took the girls into the woods and strangled them. Point of error five is overruled. The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. Medellin and O'Brien wrapped O'Brien's red nylon belt around Ertman's neck. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. You know what damage was done to their bodies. Spare his life, please, ladies and gentlemen of the jury. McFarland v. State, 845 S.W.2d 824, 844 (Tex.Crim.App.1992), cert. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. Finally and in the alternative, the district court determined that there was no reasonable probability of a different result had Cantu's counsel raised a due process objection to the photographs because other sources of evidence painted a vivid image of Cantu's brutality and otherwise amply supported a finding that Cantu committed capital murder. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. 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. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. [W]hether the defendant actually caused the death of the deceased or did not actually cause the death of the deceased but intended to kill the deceased or another or anticipated that a human life would be taken. This means that the new member was required to fight every member of the gang until he passed out and then he would be accepted as a member. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. Seventeen years is a long time to have something eating on you like that. Your email will not be used for any other purpose. However, before she ventured into actual statements that appellant and/or his co-defendants made, the following occurred: [THE STATE:] Did someone else tell you what happened? Sound rental, Band booking, Guitar and Bass lessons. In points of error one and two, appellant complains that the trial court erred in overruling his challenge to the Texas death penalty scheme. 2658, 125 L.Ed.2d 290 (1993). at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. He asserts that the nexus requirement set out by this Court in cases like Lackey v. State, 819 S.W.2d 111, 135 n. 10 (Tex.Crim.App.1989), Mines v. State, 852 S.W.2d 941 (Tex.Crim.App.1992),FN4 Richardson v. State, 879 S.W.2d 874 (Tex.Crim.App.1993), and Willingham v. State, supra, is no longer valid in light of the post- Penry sentencing scheme.FN5 He conclusorily states that, while a nexus was required under these post- Penry, pre-statute cases, this should no longer be the law in light of the enactment of Article 37.071, Section 2(e).FN6. (Direct Appeal). Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. 2. "It does make a little difference. Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. However, because his last objection was specifically to hearsay, we will address the point on this ground. ", Randy and Sandra Ertman did not speak to the press. Moore v. State, supra at 128, 128-09). Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. Save my name, email, and website in this browser for the next time I comment. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. [WITNESS:] At that time [appellant] walked in, and when he walked in they were still talking about it, and [appellant] didn't say he did anything except he just kept agreeing with it. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . Article 37.071 2(h). The State can talk all day long about what a horrible person he is and how these girls, those children. Those children suffered a brutal killing. This is a carousel. However, he does contend the evidence is insufficient to support the jury's affirmative answer to the special issue on future dangerousness. You know, if you got the law you argue the law, if you got the facts you argue the facts, if you don't have either the law or the facts you don't have anything. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. (Habeas). 81(b)(2). The same objection was lodged with regard to the testimony of Joe Cantu. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. The court, the attorney representing the state, the defendant, or the defendant's counsel may not inform a juror or a prospective juror of the effect of a failure of a jury to agree on issues submitted under Subsection (c) or (e) of this article. This article is the substantial equivalent to the pre-1991 Article 37.071(g) which we have previously held to be constitutional on numerous occasions. Appellant's tenth and eleventh points of error are overruled. Roman told Cantu that he did not rape or kill girls. Known meat thief nabbed for H-E-B steak heist, South Texans want to know who's behind the 'Booty Patrol' truck, 'Naked and Afraid' lets San Antonio mom show off survival skills, Costco to open first $15M store in Central Texas this March, Former Boerne QB investigated for allegedly sharing XFL plays, Rooftop bar Cowboys and Cadillacs to grace downtown New Braunfels, Video shows drunk driver try to flee crash that killed Texas cop, PHOTOS: Massive alligator spooks locals along a South Texas road, S.A. woman: Thieves took selfie with stolen phone while eating food paid for with stolen card, SAPD: Man with outline of Texas tattooed on head asked permission before robbing house, Police: Man rammed car into Dollar General, stole Budweiser, Police: Deputy arrested for DWI ordered burger, fell asleep, Man accused of making threats with sword faces more charges, Courthouse high drama actually just high jinks, Police: Woman stole more than $6,000 in sausage, Police: Security guard swipes $13K from business he was hired to protect, Police: Man who robbed same store four times in one night nabbed on fifth attempt, San Antonio carjacking suspects couldn't figure out push-button ignition, Residents curious about 'U.S. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. said Gloria Rubac, a death penalty abolitionist. Tuesday he paid for it with his life. Given the sparsity of the victim impact evidence, the fact that it was not mentioned by the State during arguments (appellant did briefly refer to this testimony during his punishment arguments), and the overwhelming focus during the punishment phase on appellant's behavior and the circumstances of the offense, we conclude the victim impact evidence made no contribution to punishment. Media Advisory: Peter Cantu scheduled for execution. At the time of Cantu's trial, 2(e)(1) stated: The court shall instruct the jury that if the jury returns an affirmative finding to each issue submitted under Subsection (b), it shall answer the following issue: Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. Notwithstanding appellant's inadequate briefing, we note that the United States Supreme Court stated in Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. When everyone was finished, Cantu told the boys to take the girls into the woods. Raul Omar Villareal and Efrain Perez were sentenced to death, but following the U.S. Supreme Court's 2005 ruling that executing criminals who were not yet 18 at the time of their crimes is unconstitutional, their sentences were commuted to life. The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. 463rd murderer executed in Texas since 1976. 74(f). 705 (1992). 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. 680 following. Two of the six assailants had their death sentences commuted to life in prison when the U.S. Supreme Court barred capital punishment for those who commit crimes under the age of 18. Point of error twenty-two is overruled. Appellant alleges that the improper inclusion of the instruction rose to constitutional dimension because it informed the jury to consider evidence of intoxication in mitigation of the crime only if that evidence showed that the intoxication was so extreme as to cause appellant to be temporarily insane. Second, he argues that his trial counsel rendered ineffective assistance for failing to object to the prosecution's sentencing-phase argument urging the jurors to look at the admitted photographs. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. Under AEDPA, habeas relief is unavailable on any claim adjudicated on the merits in state court unless the state court's adjudication (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. Petitioner filed application for certificate of appealability (COA). 2009). He told Venancio to stay behind, saying he was "too little to watch." Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. Appellant raises forty-five points of error. He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. Resides in Laredo, TX. original sound - Pete Cantu. When Pena screamed, Ertman ran back to try to help her friend, but Cantu grabbed her and dragged her down the hill as well. See Seale v. State, 158 Tex.Crim. [WITNESS:] Yes. denied, 513 U.S. 967, 115 S.Ct. Cantu Roofing 922 Mildid Ave, San Antonio, TX 78211 Service: Roofing, Home Builders, Additions, Home Theaters, General Contractors Employees: Pedro Cantu (Owner) License: Texas #HR921199 Status: Active City: San Antonio Type: Home Improvement Contractor Verified: Status: Verify Date: February, 2016 Cantu walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. In point three, appellant avers that the trial court erred in prohibiting him from introducing testimony that he would have to serve 35 calendar years before becoming parole eligible if sentenced to life imprisonment. "He has matured remarkably," said Robin Norris, his appeals lawyer. In Ford v. State, 919 S.W.2d 107 (Tex.Crim.App.1996), we held that certain victim impact evidence was arguably relevant to the defendant's moral culpability contained within the third special issue that the jury was required to answer: Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that sentence of life imprisonment rather than a death sentence be imposed. M. Pena explained to the jury the events surrounding her daughter's disappearance and the family's effort to find her. As we stated above in point of error twelve, when challenging the constitutionality of a statute: 2. The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief. ADDITIONAL LINKS Rule App. How they were mutilated, brutalized for perhaps as much as an hour. However, this holding was subsequently rejected by the Seventh Circuit. 2187) (omission and alterations in original). * that appellant attacked a sixth grade teacher; Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. See Free v. Peters, 806 F.Supp. "Theres no way to ever get closure from this. Pete Cantu, 82. at 688, 690, 104 S.Ct. denied, 510 U.S. 1215, 114 S.Ct. Elgin, Texas. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. Profile. See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert. 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. 2658, 125 L.Ed.2d 290 (1993). Does it rise to that level? That's what they're doing; they're arguing nothing. Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. HUNTSVILLE, Texas Texas has executed a former gang member who took part in the rape and murder of two teenage girls who were walking home from a neighborhood party 17 years ago. Ha-ha. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Pete Cantu Alyssa Cantu John Alexander, 62 John Alexander, 88. has lived in . The charge given was as follows: With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. * * * Pete Cantu. The police traced the 9-1-1 call to Cantu's home. 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. He was pronounced dead at 6:17 p.m. Because our analysis involves a review of the district court's resolution of Cantu's constitutional claims, we must take account of the deferential lens through which the district court evaluated those claims. Barnes, supra. We decline to revisit this issue here. On that June night, the girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. Furthermore, once the sentencer has found that the defendant is a member of the class made eligible for the death penalty, it may be given unbridled discretion in determining whether the death penalty should be imposed. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. 1910, 150 L.Ed.2d 9 (2001) (using the clearly drafted catchall instruction of Texas Code of Criminal Procedure article 37.071 2(e)(1) as a frame of reference to compare its brevity and clarity against the confusing nature of the supplemental instruction given in that case). See also, Lackey v. State, 819 S.W.2d 111 (Tex.Crim.App.1989) (not error to fail to instruct jury to consider specifically appellant's age as a mitigating factor because the jury's answer as to special issue two (future dangerousness) would reflect their consideration of all the mitigating evidence); Jackson v. State, 822 S.W.2d 18 (Tex.Crim.App.1990). Randy Ertman appeared on the local news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair? 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. Further, the trial court did not admit all of the prosecution's proffered photographs and instead engaged in a process of weighing the probative value of each photograph against its likely prejudicial effect.

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