Does she have blond hair?!!?" Media Advisory: Peter Cantu scheduled for execution. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews Company Information Sponsored Links Company Contacts PETE CANTU Agent 2722 N Zarzamora St San Antonio, TX Reviews Write Review There are no reviews yet for this company. Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. TEXAS PIPELINER Welder (STC) . After Raul fought all of the members, he was welcomed into the gang. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. Please submit missing details you may have. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa Cantu seeks a COA on five issues: (1) whether due process requires the state trial court to inform the jury that, if sentenced to life in prison instead of death, Cantu would be eligible for parole after thirty-five years; (2) whether the district court's determination not to instruct the jury on lesser-included offenses violated the Eighth Amendment; (3) whether the way Texas places mitigating evidence before the jury violates the Eighth Amendment; FN1 (4) whether Cantu was rendered ineffective assistance of counsel because his trial counsel did not object on due process grounds to the trial court's admitting photographs that depicted the victims' bodies and the crime scene; and (5) whether Cantu was rendered ineffective assistance because his trial counsel did not object to the prosecution's sentencing-phase argument urging the jury to consider those photographs. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. ), cert. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. In his petition for COA, Cantu argues that admitting the photographs violated due process-and, therefore, his counsel was ineffective-because the prejudicial effect of the photos greatly outweighed their probative value. HUNTSVILLE, Texas (AP) Randy Ertman knows the road to the Texas death chamber too well. 7. psychiatric evidence; and The charge given was as follows: It's not a question of you killing this child. And finally, the prosecution closed by reiterating: Tex.R.App. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. 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. Mines was remanded by the United States Supreme Court for review in light of Johnson v. State, 509 U.S. 350, 113 S.Ct. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Cantu had left his wallet at . During this arraignment, the State read the indictment, and the court asked appellant how he pled. Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. Maybe some satisfaction, but never closure.". The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. 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. FN11. See Lawton, supra; see also McFarland, supra. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). 84 Lumber Store Manager Pete Cantu in Lubbock, Texas, was awarded Manager of the Year at a ceremony Friday March 10, 2017. Both of these claims are governed by the familiar Strickland standard. Cantus execution was the third connected with the case. 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. THE COURT: Overruled. Even if we assume that the prosecutor's statement was an improper comment, we conclude it was not so egregious that it was not cured by the instruction given to the jury to disregard it. "Its good that they wont be forgotten," Frausto said. The district court noted that the prosecution was seeking to counteract Cantu's mitigating evidence by bringing attention to the victims and comparing the legal process by which Cantu might receive a death penalty to the brutality of the murders committed by Cantu. First, as the district court recognized, admitting such graphic photographs does not offend due process when the photographs are used to add illustration to testimony describing the details of the crime, as was done here. McFarland v. State, 845 S.W.2d 824, 844 (Tex.Crim.App.1992), cert. 2726, 33 L.Ed.2d 346 (1972). OBrien was executed in 2006 and Medellin in 2008. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. The girls were hurrying along railroad tracks in the dark in order to get home by their curfew. They have also lived in Marion, TX. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. Also gone is natural gas pioneer George Mitchell, who passed . Jose Gonzalez, 52, was arrested March 2, 2014, when he tried to smuggle a sword cane in Bexar County Jail to visit his son, currently an inmate at the jail. 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. As the evidence previously set out illustrates, appellant was the self-appointed leader of this gang. His own statement to a co-defendant expressly showed that he intended that the girls be killed, and testimony as to appellant's actions revealed his active participation in the killings. Our concern is that the indigent defendant have access to a competent psychiatrist for the purpose we have discussed, and as in the case of the provision of counsel we leave to the State the decision on how to implement this right. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. Find your friends on Facebook. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. Cantu and Derrick OBrien were tried before their fellow gang members. Anderson v. State, supra, at 509-10. Article 27.16 states that: Tuesday he paid for it with his life. 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. Johnson, supra, at 135. 2023 Holmgreen Mortuary. In contrast, in Smith v. State, 919 S.W.2d 96 (Tex.Crim.App.1996) (plurality op. 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 . KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. Pete Cantu Alyssa Cantu John Alexander, 62 John Alexander, 88. has lived in . In his thirty-fourth point of error, appellant complains that neither he nor his trial counsel was given the opportunity to enter a plea of not guilty to the jury; thus, he contends, his conviction is void ab initio. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. denied, 510 U.S. 1215, 114 S.Ct. Appellant alleges that the improper inclusion of the instruction rose to constitutional dimension because it informed the jury to consider evidence of intoxication in mitigation of the crime only if that evidence showed that the intoxication was so extreme as to cause appellant to be temporarily insane. Cantu Roofing 922 Mildid Ave, San Antonio, TX 78211 Service: Roofing, Home Builders, Additions, Home Theaters, General Contractors Employees: Pedro Cantu (Owner) License: Texas #HR921199 Status: Active City: San Antonio Type: Home Improvement Contractor Verified: Status: Verify Date: February, 2016 When the attackers were finished, the girls were taken deeper into the woods where, at Cantus urging, they were beaten, strangled and stomped to death. [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 law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. * that appellant attacked a sixth grade teacher; Moore v. State, supra at 128, 128-09). Proc. 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. Therefore, we hold the first prong is met as to each offense. 2052, and, notably, the mere possibility of a different outcome is not sufficient to prevail on [this] prong, Crane v. Johnson, 178 F.3d 309, 312 (5th Cir.1999). ), cert. He also parceled out the jewelry and money he took from the girls. 8. character evidence. Mayes v. State, 816 S.W.2d 79, 86 (Tex.Crim.App.1991); Camacho v. State, 864 S.W.2d 524 (Tex.Crim.App.1993), cert. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. or. "Put it this way: I wish my daughter could have died the way he died today. For instance, a special instruction is not mandated under our law requiring a jury to affirmatively answer whether they believed witness A, but not witness B. With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. See also Morris v. State, 940 S.W.2d 610, 615 (Tex.Crim.App.1996). Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. 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. "They are still in our hearts and prayers.". Cantu's family did not attend his killing. [WITNESS:] Yes. Longtime friend Jim Stacey, speaking on their behalf, said they were ready to put the crime and its aftermath "as far behind them as possible" and left Huntsville immediately after the execution. He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. See Heitman v. State, 815 S.W.2d 681 (Tex.Crim.App.1991). 17. Cantu then parceled out jewelry and money he had taken from the girls. 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. 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. The second best result is Peter Cantu age 30s in San Antonio, TX in the Park Village neighborhood. Evidence at trial also tended to show appellant was the leader of the gang that committed this crime, and this evidence rebutted any implication he acted under duress or the domination of another at the time of the offense. Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. Article continues below advertisement. At bottom, Cantu urges this court to extend the holding in Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. 2253, 132 L.Ed.2d 260 (1995). 680 following. In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. She testified that appellant was friendly to her and never mistreated or was disrespectful to her. M. Pena then testified as to her relationship with her daughter and her daughter's relationship with other members of the family. As such, we note only that informing the jury of their failure to agree on the answer to a special issue is expressly forbidden by Article 37.071 2(a). Cantu also confessed. at 2608. 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. Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu. ", Pena, his wife Melissa at his side, said it did not matter to him that Cantu offered no words of contrition, or any words at all. In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. "Theres no way to ever get closure from this. Funeral Home website by. 2934, 106 L.Ed.2d 256 (1989). 1871, 128 L.Ed.2d 491 (1994). As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. They were kicked, teeth knocked out and hair pulled out and ribs broken. He and other gang members also stood on the girls' necks to ensure they died. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. Indeed, we have rejected this argument recently. Proc. * * *. When Cantu saw them, however, he thought they were a man and woman. This murder was unsolved until after O'Brien was arrested for the murder of Jennifer Ertman and Elizabeth Pena. 2765, 129 L.Ed.2d 879 (1994); McCleskey v. Kemp, 481 U.S. 279, 107 S.Ct. denied, 501 U.S. 1259, 111 S.Ct. Garcia v. State, 887 S.W.2d 846, 859 (Tex.Crim.App.1994), cert. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. Known for Texas Metal 7.1 TV Series Self - Owner, '96 Impala SS (as Pedro 'Pete' Canti) 2021 1 ep Credits IMDbPro Self Previous 1 Texas Metal Self - Owner, '96 Impala SS (as Pedro 'Pete' Canti) TV Series 2021 1 episode Personal details Alternative name Pedro 'Pete' Canti Contribute to this page Suggest an edit or add missing content Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. Every memory left on the online obituary will be automatically included in the book. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. Other cast members of the show are Spot and John. See Photos. Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. 37.071. (AP August 17, 2010). 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 [. Points of error thirty-seven and thirty-eight are overruled. Andrea Gorfolova. Furthermore, once the sentencer has found that the defendant is a member of the class made eligible for the death penalty, it may be given unbridled discretion in determining whether the death penalty should be imposed. March 11, 2019. Appellant's objections were overruled and the evidence was admitted. 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. Cantu was described as the leader of small gang known as the Black and Whites. By Because we have this procedure set up, do we kill our children? Well, this is a sanitized and civilized killing that we have for Peter Cantu. Think about how cold the man is, how cowardly he is, how cruel he is. 55 (5th Cir. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. ADDITIONAL LINKS The grief-stricken family of Rene Cantu wielded a concrete chunk to hammer a white cross into the ground to mark where on Montrose Boulevard he was shot to death. 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 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. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. List of American films of 2022 - Wikipedia 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. He gave no final statement and showed no remorse for his acts. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. Jail. Pursuant to 28 U.S.C. Appellant has not done this. [WITNESS:] I did that. Notwithstanding appellant's inadequate briefing, we note that the United States Supreme Court stated in Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. Banda v. State, 890 S.W.2d 42, 54 (Tex.Crim.App.1994), cert. at 49. Appellant alleges in point of error seven that the trial court reversibly erred in allowing the State to impeach defense witness Beatrice Martinez on a collateral matter. The off-duty deputy, who was charged with driving while intoxicated, had fallen asleep inside the Whataburger before he was found asleep again by a Universal City police officer this time behind the wheel of a running pickup with a cold, open tall boy.Read more: Police: Deputy arrested for DWI ordered burger, fell asleep. She'd been raped and eviscerated. Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found. Use Next and Previous buttons to navigate. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. He told the call taker that the missing girls' bodies could be found near T.C. He married Dominga Arizola in 1945. 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. In related point of error twenty, appellant contends that the trial court erred in not allowing him to question venirepersons regarding the burden of proof on the mitigation issue. denied, 513 U.S. 967, 115 S.Ct. For those who so desire you may make memorial contributions in his memory to the charity of your choice. In appellant's arraignment in open court, but outside the presence of the jury, the State read the indictment and appellant's counsel entered appellant's plea of not guilty. While the plain language of Article 36.01 indicates that an identical procedure should be followed in the jury's presence, it is not required by that language. The first of these two witnesses, Christina Cantu, testified about how the individuals appeared when they arrived at the house and she told the jury about behavior they engaged in while there. Education: GED Both expressed regret for their role in the killings. Evidence concerning her sexual assault, robbery and murder is admissible as same transaction contextual evidence. Texas Metal - Full Cast & Crew - TV Guide During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: 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). Joe Cantu then placed an anonymous call to the Houston Police Department's "Crimestoppers" tip line. After the belt broke, the killers used her own shoelaces to finish their job. 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. They didn't have the luxury of having anybody intervene for them, and he wants you to don't kill this child. Thus, no egregious harm, if any harm at all, can be established. We disagree. 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. In points of error twenty-one and twenty-two, appellant challenges the sufficiency of the evidence to support the jury's answers to the issues on future dangerousness and mitigation. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) Why kill when we know that sometimes we don't get it right?" A reading of the record of the cross-examination shows appellant is mistaken: the State's emphasis was on appellant's future dangerousness while in prison. This article is the substantial equivalent to the pre-1991 Article 37.071(g) which we have previously held to be constitutional on numerous occasions. Johnson v. State, 604 S.W.2d 128, 135 (Tex.Crim.App.1980) (panel op.). Excessive . Choose one of our three Metal Depot locations in Southeast Texas for all of . The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. Because of repeated behavioral problems, Cantu had been in an alternative school since sixth grade. Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. Peter Cantu was the self-appointed leader of a gang in Houston that met on the night of June 24, 1993, to initiate a new member, Raul Villareal. After considering the prosecution's argument in the context of the argument made by Cantu, the district court determined that the state court did not unreasonably apply federal law in denying this claim. I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. I dont believe anybody ever in their lifetime is going to forget this. Sound rental, Band booking, Guitar and Bass lessons. The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal 9/19/07 -- Cantu filed his federal habeas corpus petition in a Houston U.S. district court. We would like to offer our sincere support to anyone coping with grief. 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. After they finished laughing and stuff, and I said-I don't remember who said it but one of them asked, I think it was my husband, I'm not sure, said, well, what happened to them, and they said, we had to kill them. Appellant has shown no particularized need for this study. And 17 years later he died not soon enough. Both this Court in Hughes, 897 S.W.2d at 294, and the United States Supreme Court in Pulley v. Harris, 465 U.S. 37, 104 S.Ct. STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. We further held in Rey v. State, 897 S.W.2d 333, 337 (Tex.Crim.App.1995), that Ake applies to non-psychiatric experts like pathologists. Tex. (Habeas). When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. Id. We do note that on the penultimate page of his brief, appellant refers to the term, continuing threat to society. This Court has repeatedly rejected the contention that terms such as this must be defined in the charge. "They left my house and they were supposed to go home," Rios said. 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 sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. The parents of Ertman and Pena, supported by other family members and friends, looked on as Cantu stared straight up toward the ceiling, taking one deep breath before he closed his eyes. 65,334-01, 2006 WL 3692646 (Tex.Crim.App. Log In. We do not guarantee accuracy of information. They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster.
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