In 1946, Pete initially started as a messenger boy for Western Union. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? The same objection was lodged with regard to the testimony of Joe Cantu. 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. Description: Points one and two claim constitutional error in the trial court denying his requested punishment jury charge instruction informing the jury that pursuant to Article 42.18, 8(b)(2), V.A.C.C.P., a prisoner serving a life sentence for capital murder is not parole eligible until the actual calendar time served, without consideration of good conduct time, equals 35 calendar years. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) on 81(b)(2). Prior Prison Record: Cantu is also serving a 10 year sentence in connection with an aggravated asault on a Houston man in January 1993. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. Point of error seven is overruled. Her family was present at his trial for the June murders. I continue to voice my disagreement with the majority's continued refusal to acknowledge the constitutional infirmities in depriving the jury of information relevant to the special issues as to the statutorily required mandatory serving of 35 calendar years before becoming eligible for parole on a life sentence for capital murder. Appellant then parceled out jewelry and money he had taken from the girls. Gaddis, supra, at 398. at 2606-07. Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. Specifically, Cantu challenges the trial court's preventing him from informing the jury that, based on Texas law at the time, he would be eligible for parole in thirty-five years were he sentenced to life in prison as opposed to death. Ertman was robbed of her rings, necklaces, and cash. Although the record reveals that several of the statements complained of were made before appellant arrived at the house, similar statements were still being expressed when he did arrive. I suspect that it's something you will never ever forget if you never see these photos again, but if you want to see, if you want to start thinking about don't kill that child, don't kill that child, think about the two children in here that all you got left of them is right here. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. Pedro Cant Guzmn - Ancestry.com See Photos. 1029, 154 L.Ed.2d 931 (2003). 131, 133 L.Ed.2d 80 (1995); Willingham v. State, 897 S.W.2d 351 (Tex.Crim.App. Spare his life, please, ladies and gentlemen of the jury. 84 Lumber Store Manager Pete Cantu in Lubbock, Texas, was awarded Manager of the Year at a ceremony Friday March 10, 2017. 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. denied, 513 U.S. 967, 115 S.Ct. In points of error one and two, appellant complains that the trial court erred in overruling his challenge to the Texas death penalty scheme. Appellant's counsel responded, Not guilty, Your Honor. After the jury was brought in the next day, the State read the indictment in their presence. FN3. Peter Cantu in TX - Address & Phone Number | Whitepages Graveside services and interment followed in the St. Marys Catholic Cemetery. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Derrick Sean O'Brien was executed in July 2006. All of his subsequent appeals in state and federal court were denied. Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 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. denied, 510 U.S. 919, 114 S.Ct. They then used Ertman's shoelaces to finish strangling her. 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. ", Randy and Sandra Ertman did not speak to the press. 4. the existence of a prior criminal record, and the severity of the prior crimes; Cantu was the 16th person to be put to death by the state of Texas this year. denied, 491 U.S. 910, 109 S.Ct. In this regard, this point is inadequately briefed and presents nothing for our review. 106, 133 L.Ed.2d 59 (1995); McBride v. State, 862 S.W.2d 600, 610-11 (Tex.Crim.App.1993), cert. The grief-stricken family of Rene Cantu wielded a concrete chunk to hammer a white cross into the ground to mark where on Montrose Boulevard he was shot to death. We object to the out of court statements of these co-defendants that we can't confront and cross examine. Each of these requested charges should have been submitted to the jury to correct the otherwise unconstitutional nature of the issue on mitigation as discussed in Point of Error Fourteen. Volunteer Awards - border olympics 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. Cantu declined requests for interviews prior to his execution. Tex. After the initiation concluded, two girls-Jennifer Ertman and Elizabeth Pena-stumbled upon the group. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. No crime warrants a sentence of death. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. Finally, Cantu robbed Ertman of her rings, necklaces, and cash. 2(f)(4). [Emphasis in original.] The extraneous offenses that were admitted included: Our concern is that the indigent defendant have access to a competent psychiatrist for the purpose we have discussed, and as in the case of the provision of counsel we leave to the State the decision on how to implement this right. The suggestion, given the context in which it was made, cannot be characterized as a misstatement of the law, even assuming, arguendo, appellant's assertion on this point is correct. FN13. In points thirty-seven and thirty-eight, appellant complains that the admission of unadjudicated extraneous offenses during the sentencing phase violated Article 37.07 and the Eighth and Fourteenth Amendments to the United States Constitution. The jury's finding of guilt satisfied Tison and Enmund. See Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir.2001) (The definition of mitigating evidence does not limit the evidence considered under the third special issue (whether mitigating circumstances warrant a life, rather than a death, sentence).); see also Roach v. Quarterman, 220 Fed.Appx. The gist of the State's argument is the defense did not have any evidence in its favor, which is a proper response to defense counsel's just-completed argument that the evidence was insufficient to convict appellant of capital murder. The victims' families attended the execution, but no one attended on his behalf. Think about how cold the man is, how cowardly he is, how cruel he is. Thus, we deny a COA on this final issue. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Lock - U.S. Customs and Border Protection 600, 121 L.Ed.2d 537 (1992). Funeral Home website by. 2253(c)(1). The district court concluded that the state court's rejection of this argument was not an unreasonable application of federal law, and we conclude that reasonable jurists would not disagree with that determination. 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. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. Point of error forty-three is overruled. 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. Seventeen years is a long time to have something eating on you like that. Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." Point of error forty-one is overruled. 2934, 106 L.Ed.2d 256 (1989). 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. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. 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. Patrick Myatt . 1339, 113 L.Ed.2d 271 (1991). Point of error five is overruled. The group then headed towards some nearby railroad tracks. 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.. However, we reaffirmed the original holding on appeal. Weigh-in continues on heated headgear debate - San Antonio Express-News 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. 7. psychiatric evidence; and * * * In the portion of the prosecution's argument that Cantu challenges, the prosecution stated: Rule App. The sixth was convicted as a juvenile and is serving a 40-year prison term. 81(b)(2) I concur in overruling the point. At Cantu's trial, immediately before the sentence was pronounced, Judge Bill Harmon allowed Jennifer's father, Randy Ertman, to speak directly to Cantu. "It does make a little difference. Pleasanton Express Staff STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. Does that cause the defendant's behavior? See Heitman, supra. 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). 106, 133 L.Ed.2d 59 (1995). Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. Texas Metal (2017-2021) Full Cast & Crew See agents for this cast & crew on IMDbPro Series Writing Credits Series Cast Series Produced by Series Music by Series Cinematography by Series Film Editing by Series Production Management Series Sound Department Series Camera and Electrical Department Series Casting Department Series Editorial Department 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. He went back and forth between his brother and Cantu, urging them to leave, but Cantu told him that he should "get some", so he joined in on raping Ertman. 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. Appellant, Peter Anthony Cantu, was charged by indictment with the offense of capital murder for killing Jennifer Ertman in the course of committing or attempting to commit robbery, kidnapping and aggravated sexual assault. But I think I will probably sleep a little better. 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 other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. She screamed. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. Michelle Cantu Found! - See Phones, Email, Addresses, and More Michelle is 51 years old and was born on February 1971. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. 102 East 50th Lubbock TX 79404. First, as the district court recognized, admitting such graphic photographs does not offend due process when the photographs are used to add illustration to testimony describing the details of the crime, as was done here. 8. character evidence. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. denied, 513 U.S. 861, 115 S.Ct. As we stated above in point of error twelve, when challenging the constitutionality of a statute: Robertson, supra. pete cantu texas metal. Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. Location: Houston, TX. Rousseau v. State, 855 S.W.2d 666 (Tex.Crim.App. * * * Focus for the victims' families now turns to the remaining three killers. 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. 2529, 96 L.Ed.2d 440 (1987), and left the decision up to the individual states as to whether this sort of evidence is relevant under their own individual punishment schemes. denied, 512 U.S. 1246, 114 S.Ct. Other cast members of the show are Spot and John. 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. For a rational jury to find that appellant was guilty only of sexual assault, robbery, or kidnapping, there must be some evidence in the record that appellant did not intend to kill the victim. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. It noted that graphic crime scene photographs do not offend due process principles when they serve[ ] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased. Cantu, 2009 WL 275172, at *23 (alterations in original) (quoting Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir.1996)). For the reasons stated in my dissents in Rhoades v. State, 934 S.W.2d 113 (Tex.Cr.App.1996); Anderson v. State, 932 S.W.2d 502 (Tex.Cr.App.1996), and Morris v. State, 940 S.W.2d 610 (Tex.Cr.App.1996), I dissent to the majority's treatment and discussion of points one through four. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. We have already addressed this issue and decided it adversely to appellant's position. Tex.R.App.Proc. Jester Park at White Oak bayou. Jester Park, about two dozen people gathered around a pair of flower-covered memorial benches to remember the murdered teens. Article 27.16 states that: As such, we note only that informing the jury of their failure to agree on the answer to a special issue is expressly forbidden by Article 37.071 2(a). 1224th murderer executed in U.S. since 1976 Both expressed regret for their role in the killings. [WITNESS:] When one of them said, I made her suck my dick, he said, oh, yeah, I did that. He gave no final statement and showed no remorse for his acts. Antonio Arizola Cantu of San Antonio, Texas - Hurley Funeral Home See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. 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. Eventually, all of the individuals who participated in the gang rape and murder were arrested and most of the jewelry was recovered, including some from Cantus bedroom. 2934, 106 L.Ed.2d 256 (1989). Texas Metal's Custom Trucks Bag $310,750 at Mecum Auctions Houston Tex.R.App. They had spent the evening drinking beer and then "jumping in" Raul. However, the Supreme Court also held that the State has a legitimate interest in countering this individualization of the defendant by reminding the jury that the victim, also, was an individual whose death represents a unique loss to society and to his or her family. See also Morris v. State, 940 S.W.2d 610, 615 (Tex.Crim.App.1996). 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. 2954, 57 L.Ed.2d 973 (1978). OVERSTREET, Judge, concurring and dissenting. Race: White ", Maria Frausto said she often says a small prayer when she jogs past the memorial. Think about the ordeal of those two young girls right here. The absence of an explicit assignment of the burden of proof does not render Article 37.071 2(e) unconstitutional. Profile. See Seale v. State, 158 Tex.Crim. Does she have blond hair?!!?" 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). Id. Thus, if in your judgment, a mitigating circumstance independently calls for a life sentence even though it also tends to support a yes answer to a Special Issue, you must not answer the Special Issue yes, but rather you should answer it no. Jester Park. They should have hung them. All Rights Reserved. ; 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). Citations: We have already decided these issues against appellant. Read more about the life story of Pete and share your memory. Because we have this procedure set up, do we kill our children? When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. 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. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. He had problems, he was sick, he is sick. In lieu of flowers, donations can be made to the Texas Scottish Rite Hospital for Children or the charity of your choice. Pursuant to Tex. 19.03(a)(2). Appellant asserts in points twelve and thirteen that the Texas death penalty has been arbitrarily imposed and is unconstitutional because of the different capital sentencing schemes that have been in effect since the early 1970's. (The execution) doesnt really make me feel any better, knowing that there are three guys that got away with this. A memorial was erected to them at Waltrip High School, which they attended. 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. Perez and Villarreal will not be eligible for parole consideration for more than two decades. He remains in custody as of this writing. Under Strickland v. Washington, Cantu must show: (1) that his trial counsel's performance was deficient; and (2) that the deficient performance prejudiced him. Obituary for Pete T. Cantu | Holmgreen Mortuary Mr. Cantu is survived by his wife: Dominga Arizola Cantu of Luckenbach; six daughters, six sons and spouses: Frank and Estella Cantu, Tina and Martin Perez, Vincent and Benita Cantu all of Fredericksburg, Leandro and Sylvia Cantu of Llano, Martha and Julian Cantu of Stonewall, Abel and Jeraldine Cantu, Abelia Cantu of Fredericksburg, Porfie Cantu, of Austin, Oralia and Henry Sorola, Beatrice and Damian Rosa, Emma and Pastor Robert Garcia of Fredericksburg, Monroe and Rebecca Cantu of Montana; 41 grandchildren, 84 greatgrandchildren, five great-greatgrandchildren; three sistersin law: Tomasa Cantu, Andrea Cantu, Patrocina Cantu. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony 2. His offenses escalated to car theft and an attempted stabbing. Here's a full rundown of the teams, drivers, and their cars. Situando a esta The juvenile, Venancio Medellin, pled guilty to his charge and his sentence was reviewed when he turned 18, at which time he was sent to serve the remainder of the sentence in prison. BCSO spokesman Roseanne Hughes. A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S.Ct. . When Cantu saw them, however, he thought they were a man and woman. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. * * * Forbes 400: The Richest People In Texas, 2017 Failure To Object To Prosecution's Argument. He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. County of Offense: Harris A State may legitimately conclude that evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed. 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. Cantu argues that the latter standard in Neal is too onerous; however, he made no such argument to the district court in his habeas petition. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. Pete T. Cantu Obituary at 2608. Two members also have been executed and two others are serving life prison sentences. 2/4/09 -- The federal district court denied relief. 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.) Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. Both of these claims are governed by the familiar Strickland standard. Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal Manager of the Year: Pete Cantu - YouTube That's what they're doing; they're arguing nothing. This time, it will be the lethal injection on Tuesday of Peter Anthony Cantu, the leader of the five young men who were sentenced to die for the June 1993 murders of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena. Pedro Cantu III, 30, had been driving a BMW near Jenny and Villa Drives around 10:30 a.m. when police attempted to pull him over, according to the Sheriff's Office. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. 869, 71 L.Ed.2d 1 (1982) and Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 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. Pedro Cantu. Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. For the following reasons, we decline to issue a COA on any of those issues. 74(f). When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". If enough of any type of evidence exists in the record so that any rational trier of fact could have believed an issue to be true, then we need not know what a specific trier of fact believed. Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. Both this Court in Hughes, 897 S.W.2d at 294, and the United States Supreme Court in Pulley v. Harris, 465 U.S. 37, 104 S.Ct. Appellant, along with his co-defendants, brutally raped, strangled, and stomped the two girls to death. To violate due process, an evidentiary ruling must result in a denial of fundamental fairness, and improperly admitting evidence will only justify habeas relief if the admission was a crucial, highly significant factor in the defendant's conviction. Neal v. Cain, 141 F.3d 207, 214 (5th Cir.1998).FN3.
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