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Patrick Myatt . "I think whatever they did, no matter how much there is, they should stand trial for every single thing." Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. Of the six people convicted, five were sentenced to death. The 14-year-old, Venancio Medellin, was handled in juvenile court and given the maximum sentence, split between juvenile and adult prison facilities. 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. 22 posts. 28 U.S.C. She screamed. Enter 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. denied, 507 U.S. 975, 113 S.Ct. Hence, any error will only be reversible if it was so egregious and created such harm that appellant did not have a fair and impartial trial. denied, 499 U.S. 932, 111 S.Ct. 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. Cantu contends that a rational jury could look only at his first written statement-in which he admitted to kidnapping, robbing, and sexually assaulting the girls but omitted any mention of killing them-and convict him of only the lesser-included crimes. Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. denied, 513 U.S. 967, 115 S.Ct. This is a carousel. The same objection was lodged with regard to the testimony of Joe Cantu. Select this result to view Peter Cantu's phone number, address, and more. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. (Habeas). [WITNESS:] Yes. For the foregoing reasons, Cantu's application for a COA is DENIED. John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. Does it rise to that level? See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert. 12/1/97 -- The U.S. Supreme Court denied Cantus petition for certiorari review. Both men apologized for the crime in their last statements. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. FN2. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. Pete Cantu Profiles | Facebook 596, 111 S.W. FN8. Every memory left on the online obituary will be automatically included in the book. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. Specifically, Cantu challenges the trial court's preventing him from informing the jury that, based on Texas law at the time, he would be eligible for parole in thirty-five years were he sentenced to life in prison as opposed to death. We have previously addressed and rejected constitutional challenges to prior Article 37.071(g) on numerous occasions. On cross-examination, the State asked Martinez if she thought the killing of the two girls was funny. When the witness answered in the negative, the State asked that the jury be excused and introduced two letters the witness had written to appellant's co-defendant, Efrian Perez, and questioned her about one of them, which read: Efrian, what's up, ugly? We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) Cantus execution was the third connected with the case. Proc. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. 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. 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). Elgin, Texas. Funeral Home website by. * * * 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. Point of error forty-two is overruled. Jester, both busy streets. At bottom, Cantu urges this court to extend the holding in Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. Article 36.01, which governs the order of proceeding in trial, states in pertinent part: As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. Next, the older boys raped the two girls for about an hour while Venancio watched. Sign Up. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. "There's no way to put closure on this," said Jim Stacey, a close friend of the Ertman 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). The state court concluded that Cantu's counsel's performance was not deficient because the prosecution's statements were proper under Texas law and did not inject new or harmful facts into the trial in light of the record as a whole. We decline to revisit this issue here. Pete T. Cantu Obituary We are sad to announce that on February 15, 2022 we had to say goodbye to Pete T. Cantu in Orange Grove, Texas, born in Stephenville, Texas. The district court highlighted that the Supreme Court has itself refused to extend Simmons's holding beyond when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law. Ramdass v. Angelone, 530 U.S. 156, 166, 120 S.Ct. Pete Cantu's Instagram, Twitter & Facebook on IDCrawl On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). Archived from the original on June 2, 2022. Justice Blackmun's basic argument is that the capital sentencing procedures are unconstitutional because they are produced by paradoxical commands: allowing the jury to consider all types of relevant mitigating evidence, while, at the same time, requiring structured discretion in sentencing. However, that Court also said that the State need not purchase for an indigent defendant all the assistance that his wealthier counterparts might buy. Id. Accordingly, I continue to dissent to the majority's continued analysis of this issue and treatment of points one through four, but concur in the result. "Texas executes gang member for murder of 2 girls," by Michael Graczyk. Keller and Womack, JJ., concurred in part, and concurred in result in part. 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. Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. Pete Cantu was a candidate for the Place 6 seat on the Donna Independent School District school board in Texas.Cantu was defeated in the by-district general election on November 8, 2016.. Description: That is when Cantu, now 35, is set to die by lethal injection in Hunstville. 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. Seven minutes later, O'Brien was dead. HUNTSVILLE, Texas (AP) Randy Ertman knows the road to the Texas death chamber too well. 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. 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. The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. The third man was given 40 years in prison and is eligible for parole. He lasted through three fights before briefly losing consciousness. 1. Overstreet, J., filed concurring and dissenting opinion. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. However, this holding was subsequently rejected by the Seventh Circuit. We likewise decline to undertake such a review in the instant case. ), cert. Director 2 Credits. ), we noted that it has long been the law in Texas that evidence of a deceased's good and peaceful character is not admissible unless and until that character is placed in issue by the defendant. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. Ha-ha. Further, the overwhelming balance of evidence adduced at trial corroborated Cantu's second statement: (1) Roman Sandoval, a fellow gang member, stated that Cantu called him and confessed to the murders; (2) additional gang members stated that they were following whatever Peter Cantu was doing; (3) Venancia Medellin, a gang member, testified that after he raped Ms. Ertman, Cantu whispered in his ear that [w]e're going to have to kill them, and that Cantu then directed the gang to bring the girls into the woods; and (4) while some of the gang members, including Cantu, recounted the events of that evening to Cantu's older brother Joe and his wife Christina, one gang member described how Cantu kicked one of the girls in the face with his steel toe[ ] [boots] while Cantu commented that [t]he bitch wouldn't die so I stomped on her neck and that the girls had to die [so] they couldn't identify them.. 1339, 113 L.Ed.2d 271 (1991). [THE STATE:] And what would he say about that? 680 following. 131, 133 L.Ed.2d 80 (1995); Willingham v. State, 897 S.W.2d 351 (Tex.Crim.App. Ex-gang leader executed for '93 deaths of 2 Houston girls - Chron [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? His is . 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). The Mexican-American community was outraged by the death and Torres's family demanded justice. ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, Fee: Peter Cantu confessed to the murders at the time of his arrest. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. 2009). As their midnight curfew approached, they discussed the fastest route to Pena's home. Mr. Cantu is survived by his wife: Dominga Arizola Cantu of Luckenbach; six daughters, six sons and spouses: Frank and Estella Cantu, Tina and Martin Perez, Vincent and Benita Cantu all of Fredericksburg, Leandro and Sylvia Cantu of Llano, Martha and Julian Cantu of Stonewall, Abel and Jeraldine Cantu, Abelia Cantu of Fredericksburg, Porfie Cantu, of Austin, Oralia and Henry Sorola, Beatrice and Damian Rosa, Emma and Pastor Robert Garcia of Fredericksburg, Monroe and Rebecca Cantu of Montana; 41 grandchildren, 84 greatgrandchildren, five great-greatgrandchildren; three sistersin law: Tomasa Cantu, Andrea Cantu, Patrocina Cantu. On December 13, 2006, the Texas Court of Criminal Appeals likewise denied Cantu's state habeas application after it adopted the trial court's findings of fact and conclusions of law in an unpublished order. 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. As we stated above in point of error twelve, when challenging the constitutionality of a statute: Texas Metal's Custom Trucks Bag $310,750 at Mecum Auctions Houston By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. Perhaps 100 yards away, a handful of death penalty opponents spoke over a loudspeaker against Cantus execution and the states system of capital punishment, the most active in the nation. Contractors DirectoryInformation on every contractor in United States. 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. Appellant's twenty-eighth point is overruled. Date Received: 03/18/94 1. the circumstances of the capital offense, including the defendant's state of mind and whether he was working alone or with other parties; 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. Fourteen-year-old Venancio watched as the others raped both girls orally, vaginally, and anally until appellant told him that he should get some. The girls were still being raped when appellant whispered to Venancio, We're going to have to kill them. When everyone was finished, appellant told them to take the girls to the woods where they proceeded to strangle them. Tex.R.App.Proc. As that Court stated: In a thorough and well-reasoned memorandum and order, the district court denied habeas relief and, sua sponte, declined to issue a certificate of appealability on any of the issues raised by Cantu. Two members also have been executed and two others are serving life prison sentences. 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. Pete Cantu. Additionally, in this case, I point out that appellant elicited testimony from an expert witness about studies indicating that the defendant who serves 35 calendar years in the Texas Department of Corrections before becoming parole eligible is less violent than the inmate who is paroled sooner; i.e. At the time of Cantu's trial, 2(e)(1) stated: The court shall instruct the jury that if the jury returns an affirmative finding to each issue submitted under Subsection (b), it shall answer the following issue: 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 a sentence of life imprisonment rather than a death sentence be imposed. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. 401 and therefore irrelevant in the context of the special issues under Art. (Direct Appeal) The phone transferred the photos to her online account, and she shared them on Facebook. 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. 2009). [F]irst, the lesser included offense must be included within the proof necessary to establish the offense charged, and, second, some evidence must exist in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser offense. Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. He became notorious for trying to kick a TV cameraman recording his arrest. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated: Pleasanton Express Staff See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. 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. They pulled on the belt, one boy on each side, until the belt broke. Article 37.071 2(e) yields further support to this interpretation in that it requires the court to instruct the jury to take 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 (emphasis added) in determining whether sufficient mitigating circumstances exist to warrant a life sentence. Focus for the victims' families now turns to the remaining three killers. Proc. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. 106, 133 L.Ed.2d 59 (1995); McBride v. State, 862 S.W.2d 600, 610-11 (Tex.Crim.App.1993), cert. Point of error forty-one is overruled. KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. All of his subsequent appeals in state and federal court were denied. Meanwhile, Jennifer Ertman and sixteen-year-old Elizabeth Pena, who were visiting a girlfriend, decided to head home, taking a shortcut across the railroad tracks. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. List of American films of 2022 - Wikipedia Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. 4. the existence of a prior criminal record, and the severity of the prior crimes; She was born February 8, 1918 to Dallas and Daisy Johnson. A little knowledge of routine vehicle maintenance may have kept. "Parents always worry about their kids, especially their daughters.". 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. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. Final/Special Meal: He remains in custody as of this writing. Texas Execution Information Center by David Carson. We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. Point of error thirty-one is overruled. FN13. The district court recognized that the prosecution's arguments were harsh, but it concluded that the arguments did not render the trial fundamentally unfair. 2/5/09 -- Cantu appealed to the United States Court of Appeals for the Fifth Circuit. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa M. Pena explained to the jury the events surrounding her daughter's disappearance and the family's effort to find her. Look up Pete Cantu's phone number, home address, email address, and other personal information. As such, we hold that our capital murder scheme does not amount to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. 586, 130 L.Ed.2d 500 (1994). This guy is more than just a car's outer appearance. He was frustrated that he had been the one who was unable to fight Raul. To the extent Cantu's reliance on his first statement requires disbelieving his second statement in which he admitted to the killings, he failed to produce significant evidence calling the legitimacy of his second statement into question: he showed no constitutional or statutory violation in the taking of the statement, and he offered no trial testimony challenging the accuracy of his second statement. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. Id. 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. LinkedIn is the world's largest business network, helping. "He's a guy who fully accepts his responsibility.". 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. [WITNESS:] At that time [appellant] walked in, and when he walked in they were still talking about it, and [appellant] didn't say he did anything except he just kept agreeing with it.