In the instant case, it is evident the prosecutor did not inject any new facts into the proceeding, much less new facts that could be deemed prejudicial or harmful. A visitation will be held from 10:00 AM to 11:00 AM with a Holy Rosary to be recited at 11:00 AM on Monday, February 21, 2022 at Holmgreen Mortuary, 2061 E. Main St., Alice, TX. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. Done purely to prevent him being caught for the crimes that had been done. We held: 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. In hearing these comments, appellant consistently agree[d] with his cohorts' renditions of the evening's events. Second, Cantu asserts that the Eighth Amendment's proscription of cruel and unusual punishment was violated by the trial court's refusal during the guilt-innocence phase to instruct the jury on three lesser-included offenses: sexual assault, robbery, and kidnapping.FN2 Cantu bases his claim on the Supreme Court's decision in Beck v. Alabama, 447 U.S. 625, 100 S.Ct. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. While he generally discusses each special issue, he never argues or provides authority as to why this makes the statute's operation unconstitutional as applied to him. After the assault, the gang took the girls into the woods and strangled them. [APPELLANT:] May we have a running objection to the out of court statements, judge? 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. 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. | The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. denied, 507 U.S. 975, 113 S.Ct. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. [W]hy do you consider mitigation, that's because the courts allow you to individualize the justice. 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. Well, this is a sanitized and civilized killing that we have for Peter Cantu. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. After reviewing the district court's thoughtful consideration of the issue, we cannot say that reasonable jurists would disagree with its determination that the state court's conclusion was a reasonable application of federal law. Specifically, he alleges that denying jurors the knowledge that appellant would have to serve at least 35 years in prison before becoming eligible for parole if sentenced to life in prison results in the arbitrary imposition of the death penalty in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 10, 13, and 19 of the Texas Constitution. denied, 501 U.S. 1259, 111 S.Ct. The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. Pete Cantu. And in point four, appellant contends that the trial court erred by denying appellant the right to question jurors about their ability to consider the 35 calendar year condition on a life sentence. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. Joe Cantu had watched the group divide the girls small amount of cash and meager possessions and listened to them laugh and brag about the assaults. Appellant's tenth and eleventh points of error are overruled. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) Article 37.071 2(h). The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. 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. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. Height: 5' 06" Open it up, look at it. 2253, 132 L.Ed.2d 260 (1995). original sound - Pete Cantu. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. 433, 130 L.Ed.2d 345 (1994). denied, 490 U.S. 1102, 109 S.Ct. Pete will be remembered for his infectious laugh and loving personality. Appellant's failure to request a special verdict form at trial bars him from now complaining on appeal under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), since no egregious harm to appellant has been shown. 2658, 125 L.Ed.2d 290 (1993). There is no reason to treat such evidence differently than other relevant evidence is treated. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. She'd been raped and eviscerated. Tex.R.App.Proc. He was booked into the Guadalupe County Jail for theft of a vehicle and evading arrest, along with a separate charge of possession of a controlled substance. The jury's finding of guilt satisfied Tison and Enmund. A rational jury could not have concluded otherwise. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. When the jury was brought back in, the State again asked if the witness thought the killing of the two girls was funny. By in memory of Pete T. Cantu, please visit our floral store. 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 Rousseau, 855 S.W.2d at 687, n. 26. Jester Park. Now [defense counsel], I don't blame him. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. 1978, 131 L.Ed.2d 866 (1995). Date of Birth: 05/27/75 "Parents always worry about their kids, especially their daughters.". * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward; 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. [WITNESS:] Yeah. All Filters. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. Danny Acosta, 30, faces a charge of aggravated robbery after he allegedly robbed a house last month. [THE STATE:] They were all saying that? Later that night, Perez, Villareal, and Jose Medellin met at the house where Cantu lived with his older brother and sister-in-law, Joe and Christina Cantu. 106, 133 L.Ed.2d 59 (1995); McBride v. State, 862 S.W.2d 600, 610-11 (Tex.Crim.App.1993), cert. The danger of unfair prejudice to a defendant inherent in the introduction of victim impact evidence with respect to a victim not named in the indictment on which he is being tried is unacceptably high. Appellant adopts Justice Blackmun's arguments in his dissenting opinion on the denial of certiorari in Callins v. Collins, 510 U.S. 1141, 114 S.Ct. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). On the night of June 24, 1993, this gang met to initiate a new member, Raul Villareal. 2630, 2639, 129 L.Ed.2d 750 (1994); Anderson v. State, supra at 508-09). It is well-settled that, in reviewing the sufficiency of the evidence at the punishment stage, this Court views the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could make the finding beyond a reasonable doubt. Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. Appellant walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. He told Venancio to stay behind, saying he was "too little to watch." Deadline Hollywood. We will affirm. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. Tex.R.App. See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. I, Sec. 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. In fact, while Rousseau actually addressed the pre-1991 version of the statute, we noted that the Interpretive Commentary to the revised 1991 statute, under which appellant was tried in the instant case, stated that the revisions foreclosed the potential for a challenge to the statute based upon Mills v. Maryland, 486 U.S. 367, 108 S.Ct. The crime was committed on or about June 24, 1993. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. Penal Code Ann. However, he contends that a meaningful review of the mitigation issue is impossible. 1997). February 19, 2014. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Two who were 17 when the girls were killed were spared the death penalty when the U.S. Supreme Court barred execution of people who were under 18 when they committed their crimes. In related point of error twenty-four, appellant claims that the trial court erred in not including in the punishment charge special verdict forms listing the elements of each unadjudicated offense admitted by the State. Appellant did not object to the inclusion of this instruction in the charge. They were spotted by the group, pulled off the tracks and taken into nearby woods where they were sexually assaulted. 9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. 284, 126 L.Ed.2d 234 (1993). 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). The witness replied in the negative. 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. denied, 506 U.S. 999, 113 S.Ct. 55 (5th Cir. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. Cantu additionally argued to the district court that he was entitled to a lesser-included instruction on simple murder; however, he does not argue that he is entitled to such an instruction in his petition for COA. 2597, 115 L.Ed.2d 720 (1991), the United States Supreme Court recognized that prior jurisprudence dictates that a capital defendant must be treated as a uniquely individual human being. Payne, 501 U.S. at 822, 111 S.Ct. The girls were still on the tracks when they encountered the group of boys. Overstreet, J., filed concurring and dissenting opinion. Sheet Metal Worker. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. [WITNESS:] Yes. Both Tison and Enmund were concerned with the implementation of the death penalty on defendants who were not proven to have an intent to kill. 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. Cantu contends that a rational jury could look only at his first written statement-in which he admitted to kidnapping, robbing, and sexually assaulting the girls but omitted any mention of killing them-and convict him of only the lesser-included crimes. 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. Unfortunately, he revealed on Instagram . HUNTSVILLE, Texas (AP) Randy Ertman knows the road to the Texas death chamber too well. ", Even now, both families say there is no closure. Meanwhile, Jennifer Ertman and sixteen-year-old Elizabeth Pena, who were visiting a girlfriend, decided to head home, taking a shortcut across the railroad tracks. 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. How they were mutilated, brutalized for perhaps as much as an hour. Capital One Plaza 5718 Westheimer, Suite 1750 701 Brazos, Suite 1500 Houston, Texas 77057 Austin, Texas 78701 Counsel for Defendant [D/Guerra, L.P. KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa In his thirty-fifth point of error, appellant complains that the trial court erred in failing to give the jury instructions on the lesser-included offenses of murder, sexual assault, robbery, and kidnapping. Failure To Raise A Due Process Objection To Photographs, Cantu's first claim centers on his trial counsel's failure to raise a due process objection to the admissibility of victim and crime-scene photographs that depicted the gruesome results of Cantu's and his cohorts' conduct. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. 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. 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. 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. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. As such, we hold that no error has been created by these events. FN12. 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. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. Eight minutes later, he was dead. at 2606-07. We therefore deny a COA on this issue. "Theres no way to ever get closure from this. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). 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. Associated Phone Numbers. denied, 510 U.S. 829, 114 S.Ct. He did not acknowledge the victims families and he had no personal witnesses attending the execution. Christina subsequently convinced her husband to report the incident to the police. Finding no reversible error, we affirm the judgment of the trial court. [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. FN3. He. [WITNESS:] I did that. It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. Under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), the failure to object to an included charge waives all but egregious error. Information on every contractor in United States. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). 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. Does she have blond hair?!!?" at 336, 123 S.Ct. 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. [THE STATE:] So, at some point did they move on from talking about what they did to them sexually and tell you that they killed them? The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. 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 appellant's bedroom. As we do not find the prosecutor's argument to be manifestly prejudicial or improper, we need not address appellant's contention that the nexus requirement is no longer valid given the enactment of Article 37.071, Section 2(e). Especially the white chick, she looked good, huh, Junior? 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. * * * He was friendly and never met a stranger. Of the six people convicted, five were sentenced to death. See Woods, 75 F.3d at 1039. Id. As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. Cantu kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifers neck until she stopped moving. 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). Point of error forty-two is overruled. "Two beautiful young girls," Goode says. 2934, 106 L.Ed.2d 256 (1989). Both expressed regret for their role in the killings. 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. your email below for our complimentary daily grief messages. Both of these claims are governed by the familiar Strickland standard. 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. In this review, we do not attempt to determine what a particular jury subjectively believed. 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. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. 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. See 466 U.S. 668, 687, 104 S.Ct. ; 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). [THE STATE:] And did they talk about having anal intercourse with the girls in front of [appellant]? Hence, his point presents nothing for our review.FN12 Tex.R.App. Christina noticed that Villareal was bleeding and that Perez had blood on his shirt and asked them what happened. Booty Patrol' truck spotted in South Texas, San Antonio woman shows strength of single moms on 'Naked and Afraid', Kyle to open first Costco Wholesale this March, Former Boerne quarterback allegedly gave plays to other XFL teams, A one-of-a-kind Hill Country rooftop bar will be a cowboy's dream, WATCH: Drunk driver attempts to flee crash that killed a Texas cop, Massive alligator shocks South Texas locals in Atascosa County. Appellant's twenty-eighth point is overruled. They first passed by Roman and Frank Sandoval without incident. Extraneous victim impact evidence, if anything, is more prejudicial than the non-extraneous victim impact evidence found by this Court to be inadmissible in Smith, supra. 2023 Holmgreen Mortuary. On cross-examination, the State asked Martinez if she thought the killing of the two girls was funny. When the witness answered in the negative, the State asked that the jury be excused and introduced two letters the witness had written to appellant's co-defendant, Efrian Perez, and questioned her about one of them, which read: Efrian, what's up, ugly? Cantu strangled Pena with shoelaces. (Habeas). Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. 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. These arguments are unavailing. Cantus execution was the third connected with the case. 2765, 129 L.Ed.2d 879 (1994). The State can talk all day long about what a horrible person he is and how these girls, those children. Those children suffered a brutal killing. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. The series chronicles around Bill Carlton and his crew who have dozens of fans won thousands of awards and always fulfil customer's demands. Thus, this evidence is admissible under Texas Criminal Evidence Rule 401. In that case, a 27-year-old woman was found at a Houston park with her throat cut. 7. psychiatric evidence; and 74(f). Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. Cantu and Derrick OBrien were tried before their fellow gang members. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. Appellant asked for a running objection as to this line of questioning. Today you all came out on TV again and it said that their parents are trying to do everything they can to give you all the death penalty, even Yuni, but I don't think so because that's when we go out and take our asses on strike. Appellant has shown no particularized need for this study. Family and friends are coming together online to create a special keepsake. 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. After Raul fought all of the members, he was welcomed into the gang. 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. 440, 256 S.W.2d 86, 88 (1953); Tutor v. State, 599 S.W.2d 818, 819 (Tex.Crim.App.1980). During that conversation, Joe Cantu testified appellant agreed he had killed both girls and stomped on their necks. However, his request for a mistrial was thereafter denied.
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