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. After unsuccessfully appealing his conviction . For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses. 2658, 125 L.Ed.2d 290 (1993). A little thing that I would suggest is that you kind of go in the step of number one, you look to determine is there any mitigation. The Mexican-American community was outraged by the death and Torres's family demanded justice. Ertman got away, but Medellin grabbed Pena and dragged her down off the hill. Regarding a sufficiency review of mitigating evidence, we declined in Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995) to perform such a sufficiency review [b]ecause the weighing of mitigating evidence is a subjective determination undertaken by each individual juror. Colella, supra, , 915 S.W.2d at 845; Lawton, supra; Turro v. State, 867 S.W.2d 43, 47 (Tex.Crim.App.1993). 52(a); Janecka v. State, 823 S.W.2d 232, 243-244 (Tex.Crim.App.1990). "He's a guy who fully accepts his responsibility.". ), cert. FN13. 1978, 131 L.Ed.2d 866 (1995). There is no evidence that must be viewed by a juror as being per se mitigating. The instant case is distinguishable from Payne, Ford and Smith as Pena was not the victim named in the indictment. ), cert. Santikos v. State, 836 S.W.2d 631 (Tex.Crim.App. Mr. Pedro "Pete" Cantu of Luckenbach, Texas passed away on Friday, January 31st, 2014 in the Hill Country Memorial Hospital in Fredericksburg, Texas at the age of 89 years. The off-duty deputy, who was charged with driving while intoxicated, had fallen asleep inside the Whataburger before he was found asleep again by a Universal City police officer this time behind the wheel of a running pickup with a cold, open tall boy.Read more: Police: Deputy arrested for DWI ordered burger, fell asleep. Two other inmates have 2010 execution dates. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. Peter Cantu bragged to friends and family about being the ringleader of the gang rape and murder of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena in 1993. She testified that appellant was friendly to her and never mistreated or was disrespectful to her. denied, 495 U.S. 940, 110 S.Ct. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. Unfortunately, he revealed on Instagram . We further held in Rey v. State, 897 S.W.2d 333, 337 (Tex.Crim.App.1995), that Ake applies to non-psychiatric experts like pathologists. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. at 694, 104 S.Ct. Longtime friend Jim Stacey, speaking on their behalf, said they were ready to put the crime and its aftermath "as far behind them as possible" and left Huntsville immediately after the execution. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. After Raul fought all of the members, he was welcomed into the gang. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. * that appellant made threats at a hospital and in jail. Dec.13, 2006). Penal Code Ann. $26.50 paid to City of San Antonio, Texas, Description: Evidence concerning her sexual assault, robbery and murder is admissible as same transaction contextual evidence. Christina subsequently convinced her husband to report the incident to the police. 81(b)(2); Harris v. State, 790 S.W.2d 568, 587-588 (Tex.Crim.App.1989); Smith v. State, 919 S.W.2d 96, 102-03 (Tex.Crim.App.1996). This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. 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.. Such victim impact statements, as they are called, are now commonplace. Two are serving life sentences after having their death sentences commuted because they were juveniles at the time of the murders. Sometimes people don't make the best decisions, but the following incidents show some truly questionable behavior. Appellant alleges in point of error seven that the trial court reversibly erred in allowing the State to impeach defense witness Beatrice Martinez on a collateral matter. DR#: 999093 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. Point of error forty-two is overruled. at 2609. 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. 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. Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. 2934, 106 L.Ed.2d 256 (1989). Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. 2. "I think they should file some more charges," Cathy Lopez, Patricia Lopez's mother-in-law, said. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. ; Keeton v. State, 724 S.W.2d 58, 61 (Tex.Crim.App.1987) ( Keeton I); Heiselbetz v. State, 906 S.W.2d 500, 507-508 (Tex.Crim.App.1995). Additionally, in this case, I point out that appellant elicited testimony from an expert witness about studies indicating that the defendant who serves 35 calendar years in the Texas Department of Corrections before becoming parole eligible is less violent than the inmate who is paroled sooner; i.e. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. We find no constitutional infirmity as the mitigation special issue was enacted by the Legislature to address the concerns of the Supreme Court as stated in Penry v. Lynaugh, supra. I, Sec. 78 and Loop 1604. He is preceded in death by his brothers, Alcardo Cantu, Jesus Cantu III; maternal grandfather, Juan Santos Acuna, and paternal grandparents, Jesus Cantu Sr. and Olivia Cantu. Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. 5. the defendant's age and personal circumstances at the time of the offense; Pete Cantu was a candidate for the Place 6 seat on the Donna Independent School District school board in Texas.Cantu was defeated in the by-district general election on November 8, 2016.. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. We would like to offer our sincere support to anyone coping with grief. FN9. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. You are instructed that, in considering the mitigating factors in answering the special issues, you are to consider the Defendant's youth as a mitigating factor.. Even more than a decade later, the mention of their last names could generate disgust and fear, with many people remembering the vivid and gruesome details of the girls assault and death in the dark woods by White Oak Bayou. 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. 84 Lumber. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. And then ask yourself another question. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . M. Pena also told the jury what her daughter had been like in life: personality traits she exhibited, activities she had engaged in, and similar good character type evidence. 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. When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. Thus, this evidence is admissible under Texas Criminal Evidence Rule 401. We will address the points as they are presented to us. He did not acknowledge the victims families and he had no personal witnesses attending the execution. 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. Associated Phone Numbers. denied, 492 U.S. 912, 109 S.Ct. Rousseau, 855 S.W.2d at 686-87; Felder, 848 S.W.2d at 101; Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. When Jennifer and Elizabeth failed to come home that night, the Ertman and Pena families began searching for them. 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. Cantu was the 16th person to be put to death by the state of Texas this year. Peter Cantu was the self-appointed leader of a gang in Houston that met on the night of June 24, 1993, to initiate a new member, Raul Villareal. In point of error forty-three, appellant contends that the definition of mitigating evidence in Article 37.071 2(f)(4) makes the article facially unconstitutional because it limits the concept of mitigation to factors that render a capital defendant less morally blameworthy for the commission of the capital murder. [THE STATE:] And what would he say about that? ), cert. He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. We have previously rejected this argument. [F]irst, the lesser included offense must be included within the proof necessary to establish the offense charged, and, second, some evidence must exist in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser offense. For the following reasons, we decline to issue a COA on any of those issues. Second, given the extent of the other evidence supporting Cantu's conviction, reasonable jurists would not disagree with the district court's determination that Cantu has not shown that he was prejudiced by his counsel's failure to raise a due process objection. "Theres no way to ever get closure from this. 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 2253, 132 L.Ed.2d 260 (1995). The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. at 49. 3. the forethought and deliberateness exhibited by the crime's execution; Funeral Home website by. 37.071, 2(e)(1) (1991). The excerpt was also relevant as to the witness' credibility as it contradicted her testimony that she did not find the murders of Jennifer Ertman and Elizabeth Pena somehow funny or amusing. 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. During that conversation, Joe Cantu testified appellant agreed he had killed both girls and stomped on their necks. 927 (1908). Hence, appellant's first and third requested charges set out above would have been misstatements of the law. In 1946, Pete initially started as a messenger boy for Western Union. The admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. In his sixth point of error, appellant contends that the trial court erred in admitting the hearsay statements of appellant's co-defendants who incriminated him. Building Materials. We hold that such evidence is irrelevant under Tex.R.Crim.Evid. FN1. Fitness Professional Online at Xecute Fit. FN11. 37.071 2(b) and 2(e), the trial judge sentenced appellant to death.FN2 Article 37.071 2(g). 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. at 688, 690, 104 S.Ct. The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. 433, 130 L.Ed.2d 345 (1994). No, not in the least. Point of error seven is overruled. 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. 680 following. All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn Hence, appellant's point of error thirty is overruled. The Texas Court of Criminal Appeals affirmed Cantu's conviction in a direct appeal on January 29, 1997. TEXAS PIPELINER Welder (STC) . 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. For those who so desire you may make memorial contributions in his memory to the charity of your choice. FN6. See Lawton, supra; see also McFarland, supra. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. Additionally, given the plain language of Article 37.071 Section 2(e), as well as our holdings in the cases cited above, we find no bad faith on the part of the prosecutor, nor do we find evidence of an intent, given the entire record of final arguments, on the part of the State to deny appellant a fair and impartial trial. How they were mutilated, brutalized for perhaps as much as an hour. Nelson, supra, at 498. Tex.R.App. Some of the girls' jewelry was recovered from his bedroom. We will not revisit the issue here. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. If you decide that an aspect of the Defendant's character and record or circumstances of the crime is a mitigating circumstance, you must not give it aggravating effect. The records clearly show that such jury argument was not a summation of the evidence, a reasonable deduction from the evidence, an answer to opposing counsel's jury argument, nor a plea for law enforcement. Select this result to view Peter Cantu's phone number, address, and more. 1. the circumstances of the capital offense, including the defendant's state of mind and whether he was working alone or with other parties; denied, 507 U.S. 975, 113 S.Ct. Michelle Licon Cantu currently resides in Lubbock, Texas. Direct appeal is automatic. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. Appellant asserts in point of error twenty-eight that his Eighth and Fourteenth Amendment rights were violated by the submission of vague terms in the first two special issues submitted in the punishment phase. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. Gender: Male The Ertman and Pena killings led to five death sentences, at the time the most of any crime in modern American history. [DEFENSE:] Excuse me, [prosecutor's name omitted]. Appellant avers in his thirty-sixth point of error that the trial court violated his rights under the Eighth and Fourteenth Amendments by submitting an instruction concerning intoxication during the sentencing phase. The district court determined that this conclusion was not an unreasonable application of federal law. The person not sentenced to death, 14 at the time, got a 40-year sentence. Ekstensive Metal Fabrication's 2016 Ford F-150 wasn't hammered "sold!" at Mecum Auctions' Houston event. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. At least they probably have a daughter they can go home to," Stacey said. Loved ones left to cherish his memories are his daughter, Victoria Munguia; mother, Maria Olga Acuna; father, Jesus (Avela) Cantu, Jr. both of Orange Grove, Texas; siblings, Miguel Cantu (Richard Stanley) of San Antonio, Texas, Lisa (Ricardo) Lopez Jr., of San Antonio, Texas, Richard Acuna, Sara Acuna, and Stacey Acuna all of Orange Grove, Texas; step brothers and sister, Freddy Sanchez, Adam Sanchez, Daniel Sanchez, and Miguela Sanchez; grandmother, Margarita Acuna; and numerous nephews and nieces. However, none of these cases stand for the proposition that this plea must be made by appellant or his counsel, personally. A tip led authorities to the bodies. C. Texas's Mitigating Evidence Instruction. 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. 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Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. Citations: We decline to do so. Furthermore, any error, assuming there was error, was harmless. denied, 506 U.S. 942, 113 S.Ct. FN12. See Johnson v. Puckett, 930 F.2d 445, 448 (5th Cir.1991) (We have repeatedly held that a contention not raised by a habeas petitioner in the district court cannot be considered for the first time on appeal from that court's denial of habeas relief.). Appellant's tenth and eleventh points of error are overruled. (806) 763-5556. Each juror may or may not believe certain evidence is mitigating; however, the constitution only requires that where a juror believes there is relevant mitigating evidence, that juror must have a vehicle to give his or her reasoned moral response to such evidence. Do you think that if Mr. Ertman or Mr. Pena or Mrs. Ertman or Mrs. Pena had come on up on the scene and said to Peter and his gang don't kill that child, don't kill that child, would he have listened? Appellant did not object to the inclusion of this instruction in the charge. 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). In Texas, low oil prices have flatlined the growth in some fortunes, like that of San Antonio natural gas tycoon Rod Lewis . Appellant avers in point fourteen that the mitigation issue set forth in Article 37.071 2(e) is unconstitutional in that it does not require jury consideration of mitigation evidence when answering it. This issue reads as follows: 2556, 135 L.Ed.2d 1074 (1996). A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. In instances where mitigating evidence is presented, all that is constitutionally required is a vehicle by which the jury can consider and give effect to the mitigating evidence relevant to a defendant's background, character, or the circumstances of the crime. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. Point of error twenty is overruled. The record shows appellant never objected to the Court's stating his plea before the jury instead of by himself or by his counsel. A little knowledge of routine vehicle maintenance may have kept. Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. 2/9/94 -- After a separate penalty hearing, Cantu was sentenced to death. Fans of Texas Metal have seen the work of Heath Moore. He was charged with unlawfully carrying a weapon. In fact, by the very language of the statute, it requires a jury to consider all of the evidence. Hence, the Supreme Court removed the Eighth Amendment bar to evidence about the victim and evidence about the impact of the murder on the victim's family created by Booth v. Maryland, 482 U.S. 496, 107 S.Ct. 2193, 109 L.Ed.2d 520 (1990). Court appeals to delay the punishment appeared exhausted. He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. THE COURT: Overruled. or. Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. Contractors DirectoryInformation on every contractor in United States. Id. In Rousseau, 855 S.W.2d at 673, we established a two-prong test to determine whether a defendant is entitled to a charge on a lesser included offense. It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). Roman told Cantu that he did not rape or kill girls. Several dozen people showed up outside the Walls Unit in support of the families and the execution. 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. * * * After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. Appellant asked for a running objection as to this line of questioning. 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. We do not guarantee accuracy of information. These complaints occurred at punishment, and thus had no effect upon guilt/innocence. We first note that in reviewing the constitutionality of a statute, we must view the statute as applied to appellant only. art. In related point of error twenty, appellant contends that the trial court erred in not allowing him to question venirepersons regarding the burden of proof on the mitigation issue. I love you too Pete, may you find peace wherever you are, finally you are free. Other than reurging his assertion that his trial counsel rendered ineffective assistance for failing to object to the prosecution's argument, Cantu raises no additional argument in his petition for COA. To this day, Houstonians remember the girls' names and what happened to them. When the rapes finally ended, the horror was not over. 2658, 125 L.Ed.2d 290 (1993). 3230, 106 L.Ed.2d 578 (1989). Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. Thank you. Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249 The families hope to keep him in jail for his entire sentence, of which he has served almost half. That standard is applied in light of the Court's recognition that the State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to his family. Payne v. Tennessee, 501 U.S. 808, 825, 111 S.Ct. 1317, 131 L.Ed.2d 198 (1995). Visitation for Mr. Pedro Pete Cantu will begin on Sunday, February 2nd from 2:00 till 7:00 P.M. and on Monday, February 3rd from 7:00 A.M. till 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. "I told him to stick it. One of the gang members grabbed Pena. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. Fourteen-year-old Venancio watched as the others raped both girls until Cantu told him that he should get some. The girls were still being raped when Cantu whispered to Venancio, Were going to have to kill them. When everyone was finished, Cantu told them to take the girls into the woods where they proceeded to strangle them. 1997). (Direct Appeal). denied, 510 U.S. 1215, 114 S.Ct. All Rights Reserved. "He has matured remarkably," said Robin Norris, his appeals lawyer. Rousseau, 855 S.W.2d at 687, n. 26. Finally, Cantu contends that he received ineffective assistance because his trial counsel failed to object when the prosecution urged the jury to consider the graphic photographs in its sentencing-phase argument. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. 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. 106, 133 L.Ed.2d 59 (1995). At 6:09 p.m., lethal injection drugs entered Cantu's body. Accordingly, appellant waived any error by his failure to object to the procedure used by the trial court in its entering of his plea before the jury. See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting).