According to the police, after beating a woman and attempting to steal her car on the city's West Side on Feb. 18, 2015, three suspects could not figure out the vehicle's push-button ignition. 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. 81(b)(2). In related point of error eleven, appellant alleges that the trial court erred in failing to set aside the indictment because the special issues are not properly understood by the jurors. He is a child, he is eighteen, and that's what this is about. 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. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. Finally and in the alternative, the district court noted that Cantu was not prejudiced by his counsel's failure to object because of the significant amount of punishment-phase evidence demonstrating Cantu's violence and the slim chance of his rehabilitation. Done purely to prevent him being caught for the crimes that had been done. See Heitman, supra. The group then headed towards some nearby railroad tracks. As their midnight curfew approached, they discussed the fastest route to Pena's home. 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. 600, 121 L.Ed.2d 537 (1992). All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn 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. LinkedIn is the world's largest business network, helping. [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. 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. Or when they were saying, I fucked her in the pussy, he said, yeah, I remember I did that, too. Jester Park at White Oak Bayou. 2193, 109 L.Ed.2d 520 (1990). 315 followers. In Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. denied, 510 U.S. 1215, 114 S.Ct. Both men apologized for the crime in their last statements. Alize Nio) 6.el sabado 7.no te preocupes (tejano) 8.extrao. ), cert. ), cert. 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. John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. A worship service was held on Sunday, February 2nd at 5:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. Contractors DirectoryInformation on every contractor in United States. denied, 515 U.S. 1105, 115 S.Ct. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. Visit Website. Appellant asserts in points twelve and thirteen that the Texas death penalty has been arbitrarily imposed and is unconstitutional because of the different capital sentencing schemes that have been in effect since the early 1970's. 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. HUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. Proc. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. Dec.13, 2006). She'd been raped and eviscerated. He was on probation for assault in connection with an incident at the Astrodome parking lot in which he threatened another youth with a knife. 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. Point of error thirty-six is overruled. On June 24, 1993, the girls spent the day together and then died together. 1977 Herb Ferrill - North Texas State 1978 Oton Guerrero - Pan-American University 1979 Dave Mennen - Houston Baptist 1980 J.C. Trevio, Jr. - Laredo . Estimate Request Form Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. denied, 506 U.S. 999, 113 S.Ct. Jester Park. Points of error thirty-seven and thirty-eight are overruled. He told the police that the girls' bodies could be found in T.C. 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). When Pena screamed, Ertman ran back to try to help her friend, but Cantu grabbed her and dragged her down the hill as well. FN3. The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. He went back and forth between his brother and Cantu, urging them to leave, but Cantu told him that he should "get some", so he joined in on raping Ertman. Hair Color: Black FN8. The sixth was convicted as a juvenile and is serving a 40-year prison term. The attackers confessed and at times seemed indifferent to the charges against them. We will affirm. 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. I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. ", Even now, both families say there is no closure. Barnes, supra. "I was the last parent to have seen them," she said. * * * Appellant has provided no reason why the situation should be different in Texas. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. 463rd murderer executed in Texas since 1976. Every memory left on the online obituary will be automatically included in the book. denied, 513 U.S. 967, 115 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. 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. WebPete Cantu was born on April 9, 1914. The families hope to keep him in jail for his entire sentence, of which he has served almost half. Patricia, a 27-year-old mother of two young children, had run out of gas and was stranded on the side of the freeway on her way home from a football game. In his twenty-fifth point of error, appellant complains that the death penalty statute is unconstitutional as applied to him in that it failed to narrow the sentencer's discretion as a result of the deletion of the deliberateness issue. denied, 516 U.S. 832, 116 S.Ct. Article 37.071 2(f)(4) defines mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. (Emphasis added.) Keller and Womack, JJ., concurred in part, and concurred in result in part. Upon the completion of this reading, the trial court stated, To which indictment, ladies and gentlemen, the defendant has entered a plea of not guilty. Appellant's contention on appeal is that either he or his attorney should have actually voiced this plea to the jury. Ertman tried to help. When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. Pena, however is not the victim for whose death appellant has been indicted and tried, and Payne does not contemplate admission of such evidence as permissible under the Eighth Amendment. said Gloria Rubac, a death penalty abolitionist. Your email address will not be published. They didn't have the luxury of having anybody intervene for them, and he wants you to don't kill this child. ), cert. 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. 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. Although the record reveals that several of the statements complained of were made before appellant arrived at the house, similar statements were still being expressed when he did arrive. A clemency must be granted to Peter Cantu. Even if one disregards the evidence of extraneous offenses, the evidence remaining was sufficient to support the jury's affirmative finding as to the future dangerousness special issue.FN11 Appellant's points of error twenty-one and twenty-three are overruled. Rousseau, 855 S.W.2d at 687, n. 26. Weight: 135. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). Appellant's objections were overruled and the evidence was admitted. denied, 512 U.S. 1246, 114 S.Ct. The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. 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? Cantu then parceled out jewelry and money he had taken from the girls. denied, 492 U.S. 912, 109 S.Ct. 2597, 115 L.Ed.2d 720 (1991). Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. denied, 510 U.S. 919, 114 S.Ct. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. 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. The record reveals that M. Pena was one of over thirty witnesses who testified at punishment, and her testimony before the jury comprised less than twenty pages out of over 700 pages of testimony at punishment. Appellant has not done this. The initiation involved fighting each member of the gang for a five to ten minute period. We find no constitutional infirmity as the mitigation special issue was enacted by the Legislature to address the concerns of the Supreme Court as stated in Penry v. Lynaugh, supra. 2009). 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. denied, 513 U.S. 861, 115 S.Ct. 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. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. [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. 2909, 49 L.Ed.2d 859 (1976), that as long as the class of murderers subject to capital punishment is narrowed, there is no constitutional infirmity in a procedure that allows a jury to recommend mercy based on the mitigating evidence introduced by a defendant. In Ford v. State, 919 S.W.2d 107 (Tex.Crim.App.1996), we held that certain victim impact evidence was arguably relevant to the defendant's moral culpability contained within the third special issue that the jury was required to answer: Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that sentence of life imprisonment rather than a death sentence be imposed. "He deserved to die, and 17 years later he died. A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. Nowhere will you find the court instructing you that you have to find any evidence that you've heard in this case mitigating. The excerpt was also relevant as to the witness' credibility as it contradicted her testimony that she did not find the murders of Jennifer Ertman and Elizabeth Pena somehow funny or amusing. Mental or physical incapacity caused by intoxication means that the defendant's mental capacity was so disturbed from the introduction of a substance into his body that the defendant either did not know that his conduct was wrong or was incapable of conforming his conduct to the requirements [sic] of the law he allegedly violated. The witness replied in the negative. Loved ones left to cherish his memories are his daughter, Victoria Munguia; mother, Maria Olga Acuna; father, Jesus (Avela) Cantu, Jr. both of Orange Grove, Texas; siblings, Miguel Cantu (Richard Stanley) of San Antonio, Texas, Lisa (Ricardo) Lopez Jr., of San Antonio, Texas, Richard Acuna, Sara Acuna, and Stacey Acuna all of Orange Grove, Texas; step brothers and sister, Freddy Sanchez, Adam Sanchez, Daniel Sanchez, and Miguela Sanchez; grandmother, Margarita Acuna; and numerous nephews and nieces. Know more about Cantu Roofing? Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. Cantu v. Quarterman, 341 Fed.Appx. He was nice enough to ask permission from a contractor working next door before doing the deed, according to an arrest warrant affidavit. [THE STATE:] They were all saying that? Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. Graveside services and interment followed in the St. Marys Catholic Cemetery. [DEFENSE:] Excuse me, [prosecutor's name omitted]. Cantu showed little emotion at his conviction and death sentence and had no reaction when Randy Ertman, Jennifers father, was allowed to make a victim impact statement at the end of the trial. With the final execution completed, Pena said the two murdered girls can finally have peace. Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters. After unsuccessfully appealing his conviction . Jester Park, about two dozen people gathered around a pair of flower-covered memorial benches to remember the murdered teens. 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. The State then cross-examined this witness about several death row prisoners committing subsequent violent crimes, and two, including the infamous and notorious Kenneth McDuff, getting out on parole and committing murders. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. I love you too Pete, may you find peace wherever you are, finally you are free. After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. 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. 9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. In support of his argument, appellant explains that prior to trial, he filed a Motion to Provide Funds for Expert Assistance-Jury Study. By his motion, appellant proposed that the trial court should provide him funds with which he could hire a scholar who would study a sample of jurors and their understanding of the special punishment issues. The jury is not required to specifically identify what evidence it specifically uses to find that a fact is true beyond a reasonable doubt, and extraneous offenses should not be an exception to this. Archived from the original on June 6, 2022. Instead, jurors must individually determine what evidence, if any, mitigates against the imposition of the death penalty and what weight, if any, to give that evidence in its consideration. Dr. Robert Cantu, chief of neurosurgery at Emerson Hospital in Concord, Mass., and one of the nation's foremost authorities on concussions and brain trauma in youth sports, called the decision to . 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. 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. Leave your condolences to the family on this memorial page or send flowers to show you care. After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. Shoelaces were used to strangle Pena. Two other inmates have 2010 execution dates. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Sound rental, Band booking, Guitar and Bass lessons. Appellant's argument in effect is that a jury should be instructed to consider only mitigating evidence when addressing this special issue. The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. Ex parte Cantu, No. denied, 516 U.S. 946, 116 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. For the past year, he worked in Central Texas at KCBD's sister station KWTX. Enter Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. Pete will be remembered for his infectious laugh and loving personality. 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. ), cert. (Aug. 17, 2010, 10:41PM). This led to the discovery of the girls' bodies, which were rapidly decomposing in Houston's sweltering summer heat. He told the call taker that the missing girls' bodies could be found near T.C. Appellant asserts in point of error twenty-eight that his Eighth and Fourteenth Amendment rights were violated by the submission of vague terms in the first two special issues submitted in the punishment phase. 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 murders of Elizabeth Pena and Jennifer Ertman affected Houston deeply. Point of error forty-one is overruled. 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. At this point, the Sandoval brothers decided that it was time to leave. [WITNESS:] [Appellant], Joe, Junior and Raul. They decided to take a shortcut across the railroad tracks. The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Regarding a sufficiency review of mitigating evidence, we declined in Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995) to perform such a sufficiency review [b]ecause the weighing of mitigating evidence is a subjective determination undertaken by each individual juror. Colella, supra, , 915 S.W.2d at 845; Lawton, supra; Turro v. State, 867 S.W.2d 43, 47 (Tex.Crim.App.1993). Cantu, then 18, orchestrated the attacks and slaying. Look up Pete Cantu's phone number, home address, email address, and other personal information. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. Pete Cantu in Texas. We think about those girls every day. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. This is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own. Pete Cantu. [APPELLANT:] Excuse me, ma'am. 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. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. Valerie Nicole. The Texas Court of Criminal Appeals affirmed the conviction and sentence in January 1997. And, finally, in point twenty-seven, appellant alleges that the scheme is unconstitutional as applied in that the future dangerousness issue does not encompass consideration of the act or conduct that formed the basis of conviction in any meaningful or standardized manner. Appellant combines all three of these points into one argument in which he basically alleges that the special issues do nothing to insure that the sentencer's decision was not an act of unbridled discretion.. After Raul fought all of the members, he was welcomed into the gang. At bottom, Cantu urges this court to extend the holding in Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. at 2609. 2382, 65 L.Ed.2d 392 (1980). Both of these claims are governed by the familiar Strickland standard. On that June night, the girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. We have previously addressed and rejected this contention. How they were mutilated, brutalized for perhaps as much as an hour. Pursuant to 28 U.S.C. The police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. This version went into effect September 1, 1991. 2914, 115 L.Ed.2d 1078 (1991); Tex. They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. They said they would buy her some gas and get her on the road again if she did. Id. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. The district court determined that this conclusion was not an unreasonable application of federal law. denied, 510 U.S. 905, 114 S.Ct. While Jenny and Elizabeth were living the last few hours of their lives, Peter Cantu, Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old brother were initiating a new member, Raul Villareal, into their gang, known as the Black and Whites. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. Second, he argues that his trial counsel rendered ineffective assistance for failing to object to the prosecution's sentencing-phase argument urging the jurors to look at the admitted photographs. 2253(c), Cantu now seeks from this court a certificate of appealability. Especially the white chick, she looked good, huh, Junior? "Nah," Cantu replied. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. original sound - Pete Cantu. Point of error thirty-three is overruled. However, he does contend the evidence is insufficient to support the jury's affirmative answer to the special issue on future dangerousness. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). 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. (AP August 17, 2010). Four of the other assailants were also convicted of capital murder and sentenced to death. Appellant kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifer's neck until she stopped moving. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). He was pronounced dead at 6:17 p.m. See, Article 36.14, V.A.C.C.P.-The trial court shall deliver to the jury a written charge distinctly setting forth the law applicable to the case [. A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. Cantu v. Quarterman, 341 Fed.Appx. 5. the defendant's age and personal circumstances at the time of the offense; See Free v. Peters, 19 F.3d 389 (7th Cir. At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. 1317, 131 L.Ed.2d 198 (1995). Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. In fact, death row rules were changed to allow families to watch executions because of this case. Appellant has given us no reason to revisit our analyses in these cases, nor has he shown us any distinguishing evidence in the record or provided us with any other reason why these cases should not control in the instant case. The girls were hurrying along railroad tracks in the dark in order to get home by their curfew. Are you going to kill him, because as we told you on voir dire he has a life sentence as soon as you found him guilty. 869, 71 L.Ed.2d 1 (1982) and Lockett v. Ohio, 438 U.S. 586, 98 S.Ct.
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