DMCA NoticesNewspaper web site content management software and services. Log In. 1676, 95 L.Ed.2d 127 (1987). [APPELLANT:] Excuse me, ma'am. Copyright 2018 - 2023 PLEASANTON EXPRESS. . Appellant was subsequently convicted of capital murder in February of *631 1994.FN1 Tex. He became notorious for trying to kick a TV cameraman recording his arrest. (806) 763-8400. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . In light of this, we look to the record in the present case and review the evidence in the light most favorable to the verdict to determine whether a rational jury could have found sufficient evidence that appellant would probably be a danger in the future. As such, we hold that no error has been created by these events. Thus, reasonable jurists would not disagree with the district court's determination that the state court's conclusion was not an unreasonable application of federal law. Peter Anthony Cantu (AP Photo/Texas Dept. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). * * *. However, the protesters in attendance did little more than annoy the families. He was on the first three seasons of the show, but in the latest one, he's nowhere to be seen. She bought the beer and went with the group, unwittingly heading to her death. For more information about Border Patrol's Head of the Class Program or Youth of the Year Scholarship, please contact Supervisory Border Patrol Agent Pete Cantu at 956-289-5686. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. 724, 735-36 (5th Cir.2005). Tex.R.App.Proc. 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. He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. However, we have previously held to the contrary, finding no significance in the difference between the Eighth Amendment's cruel and unusual phrasing and the cruel or unusual phrasing of Art. Because the second prong of the Rousseau test was not met, appellant was not entitled to a charge on the lesser included offenses of sexual assault, robbery, or kidnapping. See Free v. Peters, 19 F.3d 389 (7th Cir. "We could have put all of them in prison for life. The girls were abducted by Cantu and four members of a street gang he led as they walked along a set of railroad tracts, a shortcut home for them. Refine Your Search Results. TikTok video from Pete Cantu (@petecantu3): "Pulled this out the drafts #fyp #disneyparents #blowthisup". The break in solving the case came from, of course, the 911 call. They have also lived in Marion, TX. 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. Banda v. State, 890 S.W.2d 42, 54 (Tex.Crim.App.1994), cert. Date Received: 03/18/94 95, 126 L.Ed.2d 62 (1993); Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. WOMACK, J., concurs in the result on points of error five and eight and joins in the remainder of the opinion. Sheet Metal Worker. A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. We held: Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. 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. * that appellant attacked a sixth grade teacher; He was charged with unlawfully carrying a weapon. Id. 385, 133 L.Ed.2d 307 (1995); Broxton v. State, 909 S.W.2d 912 (Tex.Crim.App.1995); Sonnier v. State, 913 S.W.2d 511 (Tex.Crim.App.1995). Retrieved June 3, 2022. 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. 37.071. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. The series chronicles around Bill Carlton and his crew who have dozens of fans won thousands of awards and always fulfil customer's demands. Does that cause the defendant's behavior? When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". , 30, a security guard, was charged with burglary of a business he was hired to protect. Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249 1029, 154 L.Ed.2d 931 (2003). Pete Cantu (1914 - 1980) - El Cerrito, California. At age 11, he got caught stealing a bike from a younger boy. See Photos. 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. Eight minutes later, he was dead. How they were mutilated, brutalized for perhaps as much as an hour. 1338, 127 L.Ed.2d 686 (1994); Rogers v. State, 853 S.W.2d 29 (Tex.Crim.App.1993). 84 Lumber. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. on He and other gang members also stood on the girls' necks to ensure they died. Please visit www.cbp.gov to view additional news releases and other information pertaining to Customs and Border Protection. For the past year, he worked in Central Texas at KCBD's sister station KWTX. 3368, 73 L.Ed.2d 1140 (1982). Four days after the murders, Christina Cantu convinced her husband to call the police. After Raul fought all of the members, he was welcomed into the gang. BCSO spokesman Roseanne Hughes said deputies were serving a warrant in the area and noticed the BMW speeding away from the scene. The person not sentenced to death, 14 at the time, got a 40-year sentence. Media Advisory: Peter Cantu scheduled for execution. View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas They were friends who attended the same high school in Houston, Texas, Waltrip High School. 1978, 131 L.Ed.2d 866 (1995). denied, 508 U.S. 963, 113 S.Ct. See Walton v. Arizona, 497 U.S. 639, 110 S.Ct. denied, 491 U.S. 910, 109 S.Ct. Instead, the Code of Criminal Procedure simply requires that the State prove each element of a crime beyond a reasonable doubt, whether the jury believes all of the State's evidence or only part of it. Both wree sexually assaulted by the gang members, beaten, and strangled. All Rights Reserved. When Pena screamed, Ertman ran back to try to help her friend, but Cantu grabbed her and dragged her down the hill as well. Associated Phone Numbers. Finding no reversible error, we affirm the judgment of the trial court. We have already decided these issues adversely to appellant. In Ford, the deceased victim's sisters and mother, who had also been victims of the crime, testified regarding the relationship each had with the deceased victim as well as to the effect that the crime had on them. 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. 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. FN8. Randy Ertman appeared on the local news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair? Cantu was described as the leader of small gang known as the Black and Whites. 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. Tex.R.App. Not soon enough. Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal D rop Shop About Us We specialize in one off custom cars and trucks. ), cert. At least they probably have a daughter they can go home to," Stacey said. 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. 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. 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. [WITNESS:] Yeah. "They are still behind us. Point of error thirty-six is overruled. Pete Cantu. Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. your email below for our complimentary daily grief messages. $26.50 paid to City of San Antonio, Texas, Description: One of the deputies exited his vehicle and chased after Cantu, who then doubled back to the deputy's vehicle and drove off into Comal County. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). [WITNESS:] I did that. 600, 121 L.Ed.2d 537 (1992). By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. 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. 3230, 106 L.Ed.2d 578 (1989). See 466 U.S. 668, 687, 104 S.Ct. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. 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? Compare, Cofield v. State, 891 S.W.2d 952 (Tex.Crim.App.1994).FN7 Point of error six is overruled. Please submit missing details you may have. Both expressed regret for their role in the killings. Two are serving life sentences after having their death sentences commuted because they were juveniles at the time of the murders. 1997). Days later, Cantu's brother and sister-in-law reported what they had heard to the police. The Texas Court of Criminal Appeals affirmed the conviction and sentence in January 1997. FN9. The gang then drank beer and engaged in horseplay. 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. When Cantu saw them, however, he thought they were a man and woman. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. 1. Id. [THE STATE:] Who said we had to kill them? 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. [WITNESS:] He just said, I did that, too. OVERSTREET, Judge, concurring and dissenting. They first passed by Roman and Frank Sandoval without incident. By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. denied, 510 U.S. 997, 114 S.Ct. The class is further limited in that the death penalty cannot be imposed on an individual convicted of capital murder unless the jury answers the special issues in the manner described in Article 37.071, Section 1, Code of Criminal Procedure. 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. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. Appellant contends the State opened the door to testimony about parole eligibility in its cross-examination of Prof. James Marquart of Sam Houston State University by mentioning various capital murder defendants who committed violent crimes while in prison as well as two who committed murders after their release from prison. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. We have held that, to constitute proper jury argument, the argument must encompass one (or more) of the following: (1) summation of the evidence presented at trial, (2) reasonable deduction drawn from that evidence, (3) answer to the opposing counsel's argument, or (4) a plea for law enforcement. Rule App. Specific examples of these statements include the following: [from C. Cantu's testimony] For the foregoing reasons, Cantu's application for a COA is DENIED. 174, 130 L.Ed.2d 110 (1994); Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989) does not require that, if a jury finds evidence to be both mitigating and aggravating, then it should give the evidence only its mitigating weight. Both of these claims are governed by the familiar Strickland standard. Select the best result to find their address, phone number, relatives, and public records. 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. He did not look toward the witnesses and made no last statement. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. ), cert. He told the call taker that the missing girls' bodies could be found near T.C. 2934, 106 L.Ed.2d 256 (1989). 2726, 33 L.Ed.2d 346 (1972). 1756, 95 L.Ed.2d 262 (1987). In instances where mitigating evidence is presented, all that is constitutionally required is a vehicle by which the jury can consider and give effect to the mitigating evidence relevant to a defendant's background, character, or the circumstances of the crime. Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. You know, if you got the law you argue the law, if you got the facts you argue the facts, if you don't have either the law or the facts you don't have anything. Rather, there must be some evidence directly germane to a lesser included offense for the factfinder to consider before an instruction on a lesser-included offense is warranted. I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. ), cert. In point of error forty-five, appellant claims that his death sentence should be overturned because racial discrimination continues to taint the Texas sentencing scheme in violation of the Eighth Amendment and the Equal Protection Clause of the Fourteenth Amendment. However, his request for a mistrial was thereafter denied. 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. denied, 514 U.S. 1005, 115 S.Ct. 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. 2/23/98 --- Cantu filed an application for state writ of habeas corpus. * that appellant made threats at a hospital and in jail. Cantu's assertion, however, invites us to look only at a single item of evidence and to ignore all of the remaining evidence in the case. To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. Arrangements are entrusted to Holmgreen Mortuary, 2061 East Main Street, Alice, Texas. All data is collected from public records. Proc. Messages run for up to one year and you However, appellant was also given the statutorily mandated mitigation instruction of Article 37.071 2(e) which provides the jury with just such a vehicle needed to consider and give effect to evidence such as evidence of intoxication which does not rise to the level of temporary insanity. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993.The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers. Texas Code of Criminal Procedure article 26.05(a) provides that counsel shall be reimbursed for reasonable expenses incurred with prior court approval for purposes of investigation and expert testimony [. LinkedIn is the world's largest business network, helping. "How can you forget something like this? Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. Choose one of our three Metal Depot locations in Southeast Texas for all of . Three dozen supporters cheered as the families emerged after the execution. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. Sign Up. Cantu walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. See Lawton, supra. They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. denied, 510 U.S. 1215, 114 S.Ct. See Lawton, supra; see also McFarland, supra. 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. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. 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. For those who so desire you may make memorial contributions in his memory to the charity of your choice. The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony 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. Direct appeal is automatic. 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. The families hope to keep him in jail for his entire sentence, of which he has served almost half. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. 1871, 128 L.Ed.2d 491 (1994). They then used Ertman's shoelaces to finish strangling her. Expressions of sympathy may be sent at www.schaetter.com. Appellant objected that this was improper impeachment on a collateral matter. Ertman tried to help. 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. All Filters. 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. Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. We note that Article 37.071, Section 2(e) is essentially a codification of the dictates set out in Penry, supra, and has not been amended since its enactment, effective September 1, 1991. 2193, 109 L.Ed.2d 520 (1990). Four of the other assailants were also convicted of capital murder and sentenced to death. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. 106, 133 L.Ed.2d 59 (1995); McBride v. State, 862 S.W.2d 600, 610-11 (Tex.Crim.App.1993), cert. On June 24, 1993, the girls spent the day together and then died together. The Forbes 400 net worth cut off this year was a record-high $2 billion. 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. Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. We have already addressed this issue and decided it adversely to appellant's position. 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. Hell, no.". Contractors DirectoryInformation on every contractor in United States. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) McFarland, 928 S.W.2d at 520. * * * Rousseau v. State, 855 S.W.2d 666 (Tex.Crim.App. Ertman was robbed of her rings, necklaces, and cash. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. Nevertheless, in light of Tex.R.App.Pro. 1987 Peter "Pete" Cantu 1988 Jay Smith 1989 Don Valdez 1990 Butch Vickers & David Uribe 1991 Hector Sandoval 1992 Refugio "Cuco" Escobedo 1993 George Wright 463rd murderer executed in Texas since 1976. Appellant bases his argument on several cases that stand for the proposition that an indictment must be read and a defendant's plea must be entered before a jury in order for the issue to be joined. Roman's brother, Frank, and Joe's fourteen-year-old brother, Venancio, were also present. We do not guarantee accuracy of information. [THE STATE:] And what would he say about that? Application denied. The district court recognized that the prosecution's arguments were harsh, but it concluded that the arguments did not render the trial fundamentally unfair. * that appellant threatened to kill an officer of the law; and 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. At T.C. Evid. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. 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. 946, 952 (5th Cir.2004) (emphasis added); cf.
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