John Cantu Sr. | Obituaries | victoriaadvocate.com He was not eligible for the death penalty because of his age, and he did not participate in the murders. Pete Cantu. ", Even now, both families say there is no closure. SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. Based on all of this evidence, the state court determined that a reasonable jury would not acquit Cantu of capital murder and convict him of the lesser-included offenses. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. denied, 513 U.S. 853, 115 S.Ct. At T.C. "Billy Eichner Romantic Comedy 'Bros' Moves To Fall After 'Mission: Impossible 7' Re-Assignment To 2023". Hence, a plurality of the court concluded that testimony by the sister of the victim concerning the victim's good nature, hobbies, and work ethic was not relevant to sentencing and, therefore, should not have been admitted. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. Jester Park, about two dozen people gathered around a pair of flower-covered memorial benches to remember the murdered teens. 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. 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). He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. M. Pena explained to the jury the events surrounding her daughter's disappearance and the family's effort to find her. Fans of Texas Metal have seen the work of Heath Moore. On death row, Cantu, now 35, was classified among the best-behaving inmates. This guy is more than just a car's outer appearance. denied, 510 U.S. 829, 114 S.Ct. 284, 126 L.Ed.2d 234 (1993). He lasted through three fights before briefly losing consciousness. Look up Pete Cantu's phone number, home address, email address, and other personal information. He was pronounced dead at 6:17 p.m. Weight: 135. Pete Rodriguez Obituary - San Antonio, TX - Dignity Memorial 74(f). As stated in the previous point, neither the state nor federal constitution requires that certain evidence be labeled as mitigating, nor does it require what weight, if any, should be given to evidence that is found to be mitigating. However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. In his thirty-fourth point of error, appellant complains that neither he nor his trial counsel was given the opportunity to enter a plea of not guilty to the jury; thus, he contends, his conviction is void ab initio. He was dearly loved and will be greatly missed by all who knew and loved him. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. To send flowers Houston's deadliest day: A string of mayhem and the families left behind In light of the district court's thorough analysis, we cannot say that reasonable jurists would disagree with that determination and, therefore, deny a COA on this issue. 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. * * * The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. Point of error eight is overruled. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. Deadline Hollywood. [DEFENSE:] Excuse me, [prosecutor's name omitted]. Christina subsequently convinced her husband to report the incident to the police. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. 55 (5th Cir. Id. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews After the initiation concluded, two girls-Jennifer Ertman and Elizabeth Pena-stumbled upon the group. * that appellant created problems in school by fighting and cursing; 106, 133 L.Ed.2d 59 (1995); McBride v. State, 862 S.W.2d 600, 610-11 (Tex.Crim.App.1993), cert. Proc. Thus, he contends, evidence of intoxication which did not rise to this level was precluded from being afforded mitigating effect in violation of Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. ), cert. "Put it this way: I wish my daughter could have died the way he died today. "I think about them. Appellant argues that the phrase or anticipated that a human life would be taken renders Article 37.071 2(b)(2) unconstitutional because the phrase lacks the required culpability. Peter Cantu then walked in and readily agreed with their recollection of events. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. "Texas executes gang member for murder of 2 girls," by Michael Graczyk. Martinez was appellant's second witness at the punishment phase of trial. 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. [WITNESS:] I did that. 927 (1908). During this arraignment, the State read the indictment, and the court asked appellant how he pled. 2630, 129 L.Ed.2d 750 (1994). 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). Height: 5' 06" Work history: Acw Specialties Sheet Metal Worker. denied, 510 U.S. 905, 114 S.Ct. 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. In reviewing the prosecution's argument, [t]he relevant question is whether the prosecutors' comments so infected the trial with unfairness as to make the resulting conviction a denial of due process. Id. Three dozen supporters cheered as the families emerged after the execution. The state trial court denied such relief on June 7, 2006, after it adopted the prosecution's proposed findings of fact and conclusions of law. Race: White Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. This Court has held that, when challenging the constitutionality of a statute: All data is collected from public records. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. 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. 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. denied, 514 U.S. 1005, 115 S.Ct. Find your friends on Facebook. 315 followers. "Two beautiful young girls," Goode says. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. He didn't go into details. FN7. I'd do the same thing if I was in his position. 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. Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. C. Texas's Mitigating Evidence Instruction. 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. 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. Nine minutes later, he was dead. At this point, the Sandoval brothers decided that it was time to leave. In point thirteen, appellant remarks that this Court has said that it can and should interpret the Texas Constitution in a more expansive manner than the federal constitution and cites us to several cases for this proposition. The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. 2009). Cantu also confessed. He has a whole business dedicated to handmade car interiors. denied, 513 U.S. 967, 115 S.Ct. 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. A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. In light of the record as a whole, the error in precluding the jury from being informed about the parole ineligibility provision was no doubt harmless. "I think they should file some more charges," Cathy Lopez, Patricia Lopez's mother-in-law, said. Just prior to that statement, the prosecution set up its argument by asserting that [t]he State has brought to you a lot of evidence to show you what this defendant is like, who he really is. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. Pete Cantu - Ballotpedia The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. 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. Peter Anthony Cantu is a 35 year old Hispanic male, scheduled to be executed on August 17th in Texas. All Rights Reserved. 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. at 688, 690, 104 S.Ct. @pete.cantu.777. Excessive . Nelson, supra, at 498. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. Points of error one through four are overruled.FN3. (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; and The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. Volunteer Awards - border olympics Michelle Cantu Found! - See Phones, Email, Addresses, and More at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. She was born February 8, 1918 to Dallas and Daisy Johnson. Under Strickland v. Washington, Cantu must show: (1) that his trial counsel's performance was deficient; and (2) that the deficient performance prejudiced him. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. In regard to points twenty-one and twenty-three, appellant argues that the jury should have been required to identify which unadjudicated offenses they found appellant had committed.FN10 Because they did not, appellant contends, this Court is unable to consider the unadjudicated offenses in its evaluation, thus barring a review of the sufficiency of the evidence of the punishment issues. Gender: Male Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. He had assaulted fellow students and a teacher, been kicked out of his regular school, and threatened security personnel at the alternative school to which he had been sent. "He has matured remarkably," said Robin Norris, his appeals lawyer. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . At trial, appellant's sister-in-law, Christina Cantu, and appellant's brother, Joe Cantu, both took the stand and testified that appellant and his co-defendants arrived at the Cantu house the night of the murders and freely talked, and even bragged, about the events of the evening. 2630, 2639, 129 L.Ed.2d 750 (1994); Anderson v. State, supra at 508-09). ), cert. Derrick O'Brien, belted to a gurney, looked through the death chamber window at Ertman and other relatives of the girls and called his involvement "the worst mistake that I ever made in my whole life." Barnes, 876 S.W.2d at 322. See Woods, 75 F.3d at 1039. 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 Raul fought all of the members, he was welcomed into the gang. 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 Sheriffs Office. THE COURT: Overruled. 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. If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court. 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. Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. Ayesha Gani. ] (Emphasis added.). 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. However, when requesting a running objection, appellant asked for a running objection to all these hearsay statements. Appellant's objections encompass complaints under both the Texas Rules of Criminal Evidence governing the admission of hearsay statements and the Confrontation Clause of the United States Constitution. (Page 2) Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. The admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. Tex.Code Crim. denied, 506 U.S. 942, 113 S.Ct. The crime was committed on or about June 24, 1993. 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. 1338, 127 L.Ed.2d 686 (1994); Rogers v. State, 853 S.W.2d 29 (Tex.Crim.App.1993). Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa Tuesday, August 10, 2010 The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. Both expressed regret for their role in the killings. 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. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. [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. 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. Tex.R.App. Pedro "Pete" Cantu, Jr. | Obituaries | livingstonparishnews.com 2193, 109 L.Ed.2d 520 (1990). In his thirty-ninth and fortieth points of error, appellant alleges that Article 44.251(a) is facially unconstitutional when taken together with Article 37.071 2(a) because the former requires a sufficiency review of the latter. ), cert. Thus, the Supreme Court held: [I]f the State chooses to permit the admission of victim impact evidence and prosecutorial argument on that subject, the Eighth Amendment erects no per se bar. Capital One Plaza 5718 Westheimer, Suite 1750 701 Brazos, Suite 1500 Houston, Texas 77057 Austin, Texas 78701 Counsel for Defendant [D/Guerra, L.P. We therefore deny a COA on this issue. Don't kill that child. 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. 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. They didn't have the luxury of having anybody intervene for them, and he wants you to don't kill this child. View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas 2950, 49 L.Ed.2d 929 (1976), when it held that the Texas future dangerousness issue was not unconstitutionally vague. 2253(c), Cantu now seeks from this court a certificate of appealability. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Estimate Request Form Such victim impact statements, as they are called, are now commonplace. 4/21/10 -- The 178th District Court set Cantus execution date for August 17, 2010. Jose Medellin was executed in August 2008. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. 17 Episodes 2019. They had spent the evening drinking beer and then "jumping in" Raul. 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. When Jennifer and Elizabeth failed to come home that night, the Ertman and Pena families began searching for them. 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. Evidence of extraneous offenses admitted included that Cantu stole a bicycle from an eight-year-old and then turned it in for a reward; that Cantu threatened a woman and broke a window in her home; that Cantu attacked a sixth-grade teacher; that Cantu threatened another students father, saying that he wanted to kill him; that Cantu created problems at school by fighting and cursing; that Cantu threatened to kill an officer of the law; and that Cantu made threats at a hospital and in jail. 2253(c)(2). Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. We further note that appellant made no request for such a special verdict form and no objection was made to the instruction given at trial. [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. Joe Cantu also testified appellant agreed with everything that was being said about the rapes and killing, nodding his head and saying, [Y]eah daddy, you got it.. Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. at 49. PEDRO CANTU - Pleasanton Express 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. Pedro Cant Guzmn - Ancestry.com The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. He was on the first three seasons of the show, but in the latest one, he's nowhere to be seen. Point of error thirty-four is overruled. 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. A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. Thank you. Before moving to Central Texas, Michael worked as a digital content producer and later flourished into a news reporter at KCBD NewsChannel 11. FN10. Thirty-five-year-old Peter Anthony Cantu was strapped to a gurney in the Huntsville Unit prison death chamber and given a lethal injection Tuesday evening as relatives of his victims, Jennifer Ertman and Elizabeth Pena, looked on. Patrick Myatt . * that appellant threatened a woman and broke a window at her home; The families hope to keep him in jail for his entire sentence, of which he has served almost half. Robertson, supra. 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. 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. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. This we decline to do. Hence, appellant's first and third requested charges set out above would have been misstatements of the law. Jose Gonzalez, 52, was arrested March 2, 2014, when he tried to smuggle a sword cane in Bexar County Jail to visit his son, currently an inmate at the jail. Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. Associated Phone Numbers. The vague references to 35 years in questioning the above-discussed witness were certainly not sufficient to inform the jury of the law. You are further instructed that if there is any testimony before you in this case regarding the defendant's having committed offenses other than the offense alleged against him in the indictment, you cannot consider said testimony for any purpose unless you find and believe beyond a reasonable doubt that the defendant committed such other offenses, if any were committed, and even then you may only consider the same in determining the answers to the special issues.
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