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Thus, no egregious harm, if any harm at all, can be established. 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. Hair Color: Black In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. denied, 490 U.S. 1102, 109 S.Ct. The vague references to 35 years in questioning the above-discussed witness were certainly not sufficient to inform the jury of the law. Two members also have been executed and two others are serving life prison sentences. In that case, a 27-year-old woman was found at a Houston park with her throat cut. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. Tuesday he paid for it with his life. [WITNESS:] I did that. (PDF) Viva Cristo Rey! Una historia oral de la comunidad catlica I'd do the same thing if I was in his position. These girls went through an awful lot of pain when they died," said Adolfo Pena, father of Elizabeth. 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. The Court opined that victim impact evidence is designed to show the victim's uniqueness as a human being and the state has legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to his family. Payne, 501 U.S. at 825, 111 S.Ct. "It does make a little difference. Appellant asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. 9/19/07 -- Cantu filed his federal habeas corpus petition in a Houston U.S. district court. Pete Cantu. 600, 121 L.Ed.2d 537 (1992). The United States District Court for the Southern District of Texas, 2009 WL 275172, denied petition. Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. "He did a horrendous crime to these two girls and he deserved to die. 84 Lumber. 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. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. Medellin and O'Brien wrapped O'Brien's red nylon belt around Ertman's neck. Cantu v. Quarterman, 341 Fed.Appx. (10:41 PM CDT, August 17, 2010). Appellant did not object to the inclusion of this instruction in the charge. Pete Cantu. denied, 510 U.S. 1215, 114 S.Ct. [APPELLANT:] May we have a running objection to the out of court statements, judge? He was nice enough to ask permission from a contractor working next door before doing the deed, according to an arrest warrant affidavit. He and other gang members also stood on the girls' necks to ensure they died. Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. Factor Tejano: Erika Rene (Tu Chaparrita) 2023 It was a death the victims' families said was too good for the man who brought a violent and terrifying end to the lives of two teens 17 years ago. Garcia v. State, 887 S.W.2d 846, 859 (Tex.Crim.App.1994), cert. They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. Eight minutes later, he was dead. denied, 512 U.S. 1246, 114 S.Ct. He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. Proc. Estimate Request Form Specifically, appellant complains of the following argument: His proposal is based upon a similar study undertaken in Illinois in which an expert found that jurors did not understand the Illinois punishment statutes. They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. 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. Randy commandeered the news van and went to the scene that was now bustling with police activity. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. Cantu then sought state post-conviction relief. pete cantu texas metal Archived from the original on June 6, 2022. Elizabeth was also strangled with her shoelaces, after crying and begging the gang members not to kill them; bargaining, offering to give them her phone number so they could get together again. Section 2(e) was added to address Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. However, we affirmed the original holding on appeal. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. denied, 513 U.S. 853, 115 S.Ct. 2193, 109 L.Ed.2d 520 (1990). Because we have this procedure set up, do we kill our children? Leave your condolences to the family on this memorial page or send flowers to show you care. Here's a Rundown of Each Team Competing in STREET OUTLAWS - Discovery 381, 121 L.Ed.2d 292 (1992). "Its good that they wont be forgotten," Frausto said. 52(a); Janecka v. State, 823 S.W.2d 232, 243-244 (Tex.Crim.App.1990). Education: GED 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. FN3. The series chronicles around Bill Carlton and his crew who have dozens of fans won thousands of awards and always fulfil customer's demands. denied, 495 U.S. 940, 110 S.Ct. He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. 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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.. 155, 130 L.Ed.2d 94 (1994): 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. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. A drunken O'Brien had told Patricia that if she did not cause him to have an erection through oral sex, he would kill her. Know more about Cantu Roofing? Cantu appeared happy and amused by the conversation and readily agreed with the recollection of events. Additionally, through the work of Houston crime victims advocate Andy Kahan, the case led to statewide policy changes giving crime victims and their families more of a voice in the criminal justice process. They were forced to perform oral sex. 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. Pleasanton Express Staff 1. However, enough tissue did exist for the medical examiner to determine that the girls had died of a trauma to the neck which was consistent with strangulation. The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. 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. Pedro Cant Guzmn - Ancestry.com That standard is applied in light of the Court's recognition that the State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to his family. Payne v. Tennessee, 501 U.S. 808, 825, 111 S.Ct. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. He is preceded in death by his brother, Ralph Cantu Rodriguez; uncle, Richard Perez Rodriguez; aunt, Mary Ann Ortiz. Funeral Home website by. . 1338, 127 L.Ed.2d 686 (1994); Rogers v. State, 853 S.W.2d 29 (Tex.Crim.App.1993). As we stated above in point of error twelve, when challenging the constitutionality of a statute: Sheet Metal Worker. John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). It was traced to the home of the brother of one of the men later sentenced to death for these murders. Points of error twenty-five through twenty-seven are overruled. Proc. The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. She told him that she felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Expressions of sympathy may be sent at www.schaetter.com. Proc. See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert. [THE STATE:] And when he said, yeah, I did that, what was he talking about, Christina? 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. There is no evidence that must be viewed by a juror as being per se mitigating. Point of error thirty-six is overruled. Maybe some satisfaction, but never closure.". We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. [Emphasis in original.] 1337, 127 L.Ed.2d 685 (1994). Appellant asserts in his thirtieth point of error that the 12-10 rule of Article 37.071 2(d)(2) and 2(f)(2) violates the Eighth Amendment to the United States Constitution. 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. We therefore deny a COA on this issue. "How can you forget something like this? 2658, 125 L.Ed.2d 290 (1993). FN8. Michelle Licon Cantu currently resides in Lubbock, Texas. 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. [DEFENSE:] Excuse me, [prosecutor's name omitted]. "Nah," Cantu replied. Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. He was not eligible for the death penalty because of his age, and he did not participate in the murders. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. Ha-ha. They then used Ertman's shoelaces to finish strangling her. Point of error thirty-five is overruled. Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. 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. Read more about the life story of Pete and share your memory. He told the police that the girls' bodies could be found in T.C. * that appellant made threats at a hospital and in jail. 42.18, 8(b)(2), V.A.C.C.P., provision requiring a prisoner serving a life sentence for capital murder to serve 35 calendar years, without consideration of good conduct time, before becoming eligible for parole. Article 37.071 2(a) (as amended by the 1991 Legislature) is the same as the older Article 37.071(g) (Vernon 1990) with only minor changes. can stop at any time. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. John Cantu Sr. | Obituaries | victoriaadvocate.com 19.03(a)(2). Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. In this review, we do not attempt to determine what a particular jury subjectively believed. 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. To send flowers At 11:30 p.m., Jennifer and Elizabeth decided to head for Elizabeth's house where Jennifer would then call a taxicab to take her home. Such victim impact statements, as they are called, are now commonplace. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. The attackers confessed and at times seemed indifferent to the charges against them. 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. shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). 2(f)(4). Thus, we turn to an analysis of whether the second prong of the test is met for any of the requested lesser included offenses. 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. Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. Pedro Cantu Obituary (2019) - Denham Springs, LA - The Advocate Profile. Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. A 14-year-old attacker was given a 40-year sentence. Point of error twenty is overruled. Two are serving life sentences after having their death sentences commuted because they were juveniles at the time of the murders. OBrien was executed in 2006 and Medellin in 2008. The special pleas, if any, shall be read by the defendant's counsel, and if the plea of not guilty is also relied upon, it shall also be stated. denied, 516 U.S. 946, 116 S.Ct. Focus for the victims' families now turns to the remaining three killers. Spare his life, please, ladies and gentlemen of the jury. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. They were kicked, teeth knocked out and hair pulled out and ribs broken. Additionally, the Texas death penalty scheme was found constitutional by the Supreme Court in Jurek v. Texas, 428 U.S. 262, 270-72, 96 S.Ct. 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. Appellant is incorrect. Pete Cantu Profiles | Facebook 2914, 115 L.Ed.2d 1078 (1991); Tex. In his tenth point of error, appellant contends that the trial court erred in denying appellant's request for expert assistance to challenge the constitutionality of the special issues at the punishment phase. Jester Park in Houston to participate in a gang initiation ritual. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. 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. Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Prior Prison Record: Cantu is also serving a 10 year sentence in connection with an aggravated asault on a Houston man in January 1993. has been arrested for allegedly ramming his car into a Dollar General on the East Side, attempting to rob a nearby gas station and then returning to the Dollar General to rob the store a second time. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. Tex.R.App. Peter Cantu then walked in and readily agreed with their recollection of events. 803(23) as statements against interest, corroborated by appellant's own responding actions and the co-defendants' possession of the victims' jewelry and the blood on the co-defendants' clothing when they came to the Cantu residence. 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). Johnson v. State, 803 S.W.2d 272, 292 (Tex.Crim.App.1990), cert. Appellant again attacks the constitutionality of Article 37.071 2(e) in point of error forty-two alleging that it invites the open-ended discretion condemned by the United States Supreme Court in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. 2052. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. 65,334-01, 2006 WL 3692646 (Tex.Crim.App. Hence, the second prong of Rousseau was not met in this instance either, and appellant was not entitled to a lesser-included charge of murder. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. 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. 4/21/10 -- The 178th District Court set Cantus execution date for August 17, 2010. 2/4/09 -- The federal district court denied relief. His offenses escalated to car theft and an attempted stabbing. 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. 2213, 2223-24, 60 L.Ed.2d 777 (1979). Please spare his life. These complaints occurred at punishment, and thus had no effect upon guilt/innocence. The Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper vendors on the roadside. ), cert. [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. Appellant's objections were overruled and the evidence was admitted. ), cert. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. 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. on 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. Look at the evidence. Now [defense counsel], I don't blame him. The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. Wasn't no pain. 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. [WITNESS:] Yes. RESPONSE SUMMARY JUDGMENT MTN March 30, 2010 | Trellis "Just a bad, bad case.". pete cantu texas metal. No, not in the least. Antonio "Tony" Arizola Cantu 74, passed away on Sunday, June 13, 2021, in San Antonio. That said, we resolve any doubts as to whether a COA should issue in the petitioner's favor when the death penalty is involved. By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. The group then headed towards some nearby railroad tracks. 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). Antonio Arizola Cantu of San Antonio, Texas - Hurley Funeral Home Each juror may or may not believe certain evidence is mitigating; however, the constitution only requires that where a juror believes there is relevant mitigating evidence, that juror must have a vehicle to give his or her reasoned moral response to such evidence. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. Fans of Texas Metal have seen the work of Heath Moore. Derrick Sean O'Brien was executed in July 2006. Visit Website. As we set out previously, the Supreme Court recently held that, once the jury finds that the defendant falls within the legislatively defined category of persons eligible for the death penalty, the sentencer may be given unbridled discretion in determining whether the death penalty should be imposed. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. Questions Post Question There are no questions yet for this company. See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. ), cert. Peter Cantu's execution set for tonight - ABC13 Houston The Texas Court of Criminal Appeals affirmed Cantu's conviction in a direct appeal on January 29, 1997.