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. Hence, appellant's point of error thirty is overruled. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. 1337, 127 L.Ed.2d 685 (1994). Appellant's argument in effect is that a jury should be instructed to consider only mitigating evidence when addressing this special issue. 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. Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu. We noted, in Gaddis, supra, that counsel is allowed wide latitude in drawing inferences from the evidence so long as the inferences drawn are reasonable and offered in good faith. 1977 Herb Ferrill - North Texas State 1978 Oton Guerrero - Pan-American University 1979 Dave Mennen - Houston Baptist 1980 J.C. Trevio, Jr. - Laredo . 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. Select this result to view Peter Cantu's phone number, address, and more. Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. She'd been raped and eviscerated. We may issue a COA only if the petitioner makes a substantial showing of the denial of a constitutional right. Id. Proc. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. Texas Metal Season 3: Premiere Date, Cast, Trailer, Host & News. 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 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. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. 1871, 128 L.Ed.2d 491 (1994). Is there a connection between what they try to give to you as mitigation, is there some connection between that and the crime itself, when you think of what you discovered to possibly be mitigating. As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. However, because his last objection was specifically to hearsay, we will address the point on this ground. 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 Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. He became notorious for trying to kick a TV cameraman recording his arrest. We have already decided these issues adversely to appellant. March 11, 2019. Cantu then sought state post-conviction relief. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. I also dissent to the discussion of points one through four involving not allowing the jury to be informed that if sentenced to life appellant was statutorily mandatorily required to serve 35 years in prison before becoming eligible for parole. What did he say? Appellant's argument centers around the concept that aggravating circumstances must be adequately defined for the jury. [WITNESS:] Yeah. Four days after the murders, Christina Cantu convinced her husband to call the police. Specifically, appellant requested the following instructions: We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. original sound - Pete Cantu. [I]t is incumbent upon the defendant to show that in its operation the statute is unconstitutional as to him in his situation; that it may be unconstitutional as to others is not sufficient. See Walton v. Arizona, 497 U.S. 639, 110 S.Ct. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. If they hung all five of them, that would be a deterrent. 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. Point of error thirty-six is overruled. on On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. "Three of the animals that did this are gone. 2052. I, Sec. As their midnight curfew approached, they discussed the fastest route to Pena's home. See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert. Burial will follow at El Coyote Cemetery in Orange Grove, TX. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). All of his subsequent appeals in state and federal court were denied. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. See Heitman, supra. ), 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. The district court, as did the state court, placed Cantu's first statement into the context of all the record evidence and determined that a rational jury would not have concluded that Cantu was guilty only of the lesser-included offenses. He also parceled out the jewelry and money he took from the girls. Penal Code Ann. denied, 499 U.S. 932, 111 S.Ct. The person not sentenced to death, 14 at the time, got a 40-year sentence. It affected more than just Melissa and me and Randy and Sandy.". 2023 Holmgreen Mortuary. 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. Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. They alerted the police and posted fliers, but the girls were not found. Appellant raises forty-five points of error. 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. All data is collected from public records. Proc. At the guilt/innocence phase of the instant case, the jury was specifically charged that they could not find appellant guilty of capital murder unless he intentionally murdered the victim or intentionally assisted in the commission of the murder and the aggravating offense. 19.03(a)(2). Id. 2630, 2639, 129 L.Ed.2d 750 (1994). To send flowers 2. TEXAS PIPELINER Welder (STC) . At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. He is preceded in death by his brother, Ralph Cantu Rodriguez; uncle, Richard Perez Rodriguez; aunt, Mary Ann Ortiz. They were kicked, teeth knocked out and hair pulled out and ribs broken. The gang then drank beer and engaged in horseplay. Appellant's fourteenth point of error is overruled. Pete Cantu (1914 - 1980) - El Cerrito, California. As we stated above in point of error twelve, when challenging the constitutionality of a statute: 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. the probability of subsequent activity would be low. He even opined that in a situation of 70 years before parole eligibility, there would be no probability because he suspected that the individual would be dead by then. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. 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. Sheet Metal Worker. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. 433, 130 L.Ed.2d 345 (1994). 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. Proc. Appellant's twenty-eighth point is overruled. The court shall charge the jury that in answering the issue submitted under Subsection (e) of this article, the jury: 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. See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. 381, 121 L.Ed.2d 292 (1992); Teague v. State, 864 S.W.2d 505, 519 (Tex.Crim.App.1993); Adanandus v. State, 866 S.W.2d 210, 234 (Tex.Crim.App.1993), cert. Point of error forty-four is overruled. at 2609. Once dead, the girls' bodies were left in the woods, and the gang members proceeded to Cantu's home, where they bragged of their crime to Cantu's brother and sister-in-law. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Eye Color: Brown When Jennifer and Elizabeth failed to come home that night, the Ertman and Pena families began searching for them. Medellin and O'Brien wrapped O'Brien's red nylon belt around Ertman's neck. The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. [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. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. 1676, 95 L.Ed.2d 127 (1987). This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. In concluding that the state court did not unreasonably apply clearly established federal law, the district court explained Simmons's limited holding-that when the alternative sentence to death is life without parole due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention. Cantu, 2009 WL 275172, at *6 (quoting Simmons, 512 U.S. at 169, 114 S.Ct. Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. ), cert. And, finally, she told the jury about the effect her daughter's death was having on her and the rest of her family. denied, 501 U.S. 1259, 111 S.Ct. 52(a). We object to the out of court statements of these co-defendants that we can't confront and cross examine. See also Green, supra. Appellant alleges in point thirty-three that the death penalty as presently administered in Texas is cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 13 of the Texas Constitution. 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". This we decline to do. Enter 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 LinkedIn is the world's largest business network, helping. (Page 2) Even if one disregards the evidence of extraneous offenses, the evidence remaining was sufficient to support the jury's affirmative finding as to the future dangerousness special issue.FN11 Appellant's points of error twenty-one and twenty-three are overruled. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. Jester, both busy streets. denied, 510 U.S. 1215, 114 S.Ct. "He's a guy who fully accepts his responsibility.". Twelve of the fastest street racing teams in America are taking to a secret road in Wyoming to compete for $300,000 and a chance to call themselves the fastest in America. Pursuant to 28 U.S.C. The families also watched the executions of Jose Medellin and Derrick O'Brian in 2008 and 2006. 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. These girls went through an awful lot of pain when they died," said Adolfo Pena, father of Elizabeth. All cuzz them fine ass girls you all wanted to fuck. 2464, 91 L.Ed.2d 144 (1986) ([T]he appropriate standard of review for [a claim challenging the prosecution's closing argument] on writ of habeas corpus is the narrow one of due process, and not the broad exercise of supervisory power. (internal quotation marks omitted)). denied, 513 U.S. 853, 115 S.Ct. He married Dominga Arizola in 1945. He was frustrated that he had been the one who was unable to fight Raul. See Heitman v. State, 815 S.W.2d 681 (Tex.Crim.App.1991). "I was the last parent to have seen them," she said. Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. With the final execution completed, Pena said the two murdered girls can finally have peace. Indeed, this circuit has repeatedly refused to apply Simmons so as to require that Texas juries be informed of a defendant's future parole eligibility. We decline to revisit this issue here. 600, 121 L.Ed.2d 537 (1992). They have also lived in Marion, TX. 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. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. Date of Offense: 06/24/93 The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. County of Offense: Harris By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. For the foregoing reasons, Cantu's application for a COA is DENIED. 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. denied, 491 U.S. 910, 109 S.Ct. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. 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. Appellant further 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. 2213, 2223-24, 60 L.Ed.2d 777 (1979). He was friendly and never met a stranger. Tex.R.App.Proc. And 17 years later he died not soon enough. 4/21/10 -- The 178th District Court set Cantus execution date for August 17, 2010. denied, 516 U.S. 1021, 116 S.Ct. (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; and She walked to a nearby convenience store, and called someone to come and help her. At least they probably have a daughter they can go home to," Stacey said. (internal quotation marks omitted). He was friendly and never met a stranger. As the evidence previously set out illustrates, appellant was the self-appointed leader of this gang. His own statement to a co-defendant expressly showed that he intended that the girls be killed, and testimony as to appellant's actions revealed his active participation in the killings. 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). The police were sent to the scene and searched the park without finding anything. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. Appellant is incorrect. 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. Nearly two decades after friends and relatives frantically distributed flyers offering a $10,000 reward for help finding the teenagers who failed to return home from a summer pool party, prosecutor Donna Goode still has one in her office. 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. Looking at the evidence in the light most favorable to the jury's verdict, the record reveals the following facts: Appellant was the self-appointed leader of a gang called the Black and Whites in Houston. The inexplicable act of random predation struck a chord among city residents as few other cases. denied, 510 U.S. 829, 114 S.Ct. A woman claims these photos were taken by the person who allegedly stole her purse, which had her smart phone inside. "I think whatever they did, no matter how much there is, they should stand trial for every single thing." BSCO is seeking any information on the two suspects shown in the video. You know what damage was done to their bodies. 1087, 84 L.Ed.2d 53 (1985), the United States Supreme Court recognized that due process requires that a defendant have access to the raw materials integral to the building of an effective defense. 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. Plus, appellant objected at the punishment stage to the testimony of Pena's mother, M. Pena, who testified as to her daughter's good character, the search for her daughter, and the impact the disappearance had on the rest of the family members. 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. Ha-ha. His is . Final/Special Meal: However, no such evidence exists. 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. 2658, 125 L.Ed.2d 290 (1993). Proc. 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. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews Company Information Sponsored Links Company Contacts PETE CANTU Agent 2722 N Zarzamora St San Antonio, TX Reviews Write Review There are no reviews yet for this company. The bodies were found six days later after Cantus brother, using an alias, phoned police. John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. Id. Peter Cantu is not an animal. Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. Jose Medellin was executed in August 2008. He was pronounced dead at 6:17 p.m. The third man was given 40 years in prison and is eligible for parole. Points of error one through four are overruled.FN3. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. Very brutal, very slow, tortured, a senseless killing. 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? SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. No additional information for Cantu Roofing yet. 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. 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. Here, the district court explained, the prosecution introduced the photographs while doing just that-describing the condition of the corpses, explaining the process of identifying the bodies, and verifying the statements made by Cantu and others. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. But I think I will probably sleep a little better. Several dozen people showed up outside the Walls Unit in support of the families and the execution. ", The case horrified Houston. Robertson, supra. 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. FN9. The initiation involved fighting each member of the gang for a five to ten minute period. As such, we hold that our capital murder scheme does not amount to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. * that appellant attacked a sixth grade teacher; McFarland, 928 S.W.2d at 520. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. 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. ), cert. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. 3. the forethought and deliberateness exhibited by the crime's execution; Both expressed regret for their role in the killings. * * * Several of Ertman's ribs were broken from being kicked. Below, Cantu additionally argued that the prosecution's sentencing-phase argument improperly limited the jury's consideration of mitigating evidence; however, he has conceded that argument in his present petition and, so far as his mitigation argument is concerned, seeks a COA only on whether Texas's method of presenting mitigation evidence to the jury is unconstitutional. 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? 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. Some carried signs but none chanted or spoke loudly. 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. 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.. To this day, Houstonians remember the girls' names and what happened to them. 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. As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. * * * A rational jury could not have concluded otherwise. The police traced the 9-1-1 call to Cantu's home. He. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. Points of error twenty-five through twenty-seven are overruled. Mayes v. State, 816 S.W.2d 79, 86 (Tex.Crim.App.1991); Camacho v. State, 864 S.W.2d 524 (Tex.Crim.App.1993), cert. See Lawton, supra; see also McFarland, supra. 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. Estimate Request Form 1978, 131 L.Ed.2d 866 (1995). C. Texas's Mitigating Evidence Instruction. 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. February 19, 2014. To begin, we note that the only evidence that appellant specifically complains about on appeal is the testimony of Pena's mother at the punishment phase of trial. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. "I had no idea they would be coming to this." 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