The extraneous offenses that were admitted included: "Theres nothing he would have said to me that would have made any difference," said Pena, who was wearing a white T-shirt with a photo of the two girls printed on the front. All of his subsequent appeals in state and federal court were denied. The initiation involved fighting each member of the gang for a five- to ten- minute period. Pedro Cantu. In response to the study, a district court judge held that the statute unconstitutionally permitted the arbitrary and unguided imposition of the death penalty. In his sixth point of error, appellant contends that the trial court erred in admitting the hearsay statements of appellant's co-defendants who incriminated him. denied, 510 U.S. 997, 114 S.Ct. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. They decided to follow the railroad tracks that passed by T.C. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. Best Match Powered by Whitepages Premium AGE 80+ Pete Cantu Edinburg, TX Aliases Pedro O Cantu View Full Report Addresses N 19th Ave, Edinburg, TX 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. By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. We know that Pete Cantu had been residing in El Cerrito, Contra Costa County, California 94530. Eventually, all of the individuals who participated in the gang rape and murder were arrested and most of the jewelry was recovered, including some from appellant's bedroom. Lived In Las . 9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. Here, the district court determined that the state court did not unreasonably apply federal law in concluding that the prosecution's argument was proper and, therefore, that Cantu's counsel's performance was not deficient in failing to object to the argument. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. Further, the trial court did not admit all of the prosecution's proffered photographs and instead engaged in a process of weighing the probative value of each photograph against its likely prejudicial effect. This led to the discovery of the girls' bodies, which were rapidly decomposing in Houston's sweltering summer heat. Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal D rop Shop About Us We specialize in one off custom cars and trucks. 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. Gender: Male 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 1339, 113 L.Ed.2d 271 (1991). The State mentioned the 35-year period that defense counsel had talked about and asked the witness about the jury's concerns being not about what's going to happen 35 years from now but rather what's going to happen in the next day, the next week, the next month, the next year. In light of that questioning mentioning situations of capital murder defendants, including Kenneth McDuff, being paroled and committing murders, it was even more critical that the jury be informed of the law, i.e. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. In points of error eighteen and nineteen, appellant avers that the mitigation issue of Article 37.071 2(e) violates the Fifth and Fourteenth Amendments to the United States Constitution because it shifts the burden of proof to the defendant or omits it entirely. HUNTSVILLE, Texas Texas has executed a former gang member who took part in the rape and murder of two teenage girls who were walking home from a neighborhood party 17 years ago. Pursuant to Tex. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. See Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir.2001) (The definition of mitigating evidence does not limit the evidence considered under the third special issue (whether mitigating circumstances warrant a life, rather than a death, sentence).); see also Roach v. Quarterman, 220 Fed.Appx. Other cast members of the show are Spot and John. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. 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. See Free v. Peters, 19 F.3d 389 (7th Cir. However, before she ventured into actual statements that appellant and/or his co-defendants made, the following occurred: [THE STATE:] Did someone else tell you what happened? In hearing these comments, appellant consistently agree[d] with his cohorts' renditions of the evening's events. At trial, appellant's sister-in-law, Christina Cantu, and appellant's brother, Joe Cantu, both took the stand and testified that appellant and his co-defendants arrived at the Cantu house the night of the murders and freely talked, and even bragged, about the events of the evening. Nine minutes later, he was dead. Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. The state trial court denied such relief on June 7, 2006, after it adopted the prosecution's proposed findings of fact and conclusions of law. 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. * that appellant created problems in school by fighting and cursing; Proc. Ertman got away, but Medellin grabbed Pena and dragged her down off the hill. TEXAS PIPELINER Welder (STC) . Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. He made off with two cases of Budweiser beer and about 140 DVDs before police caught up with him.Read more: Police: Man rammed car into Dollar General, stole Budweiser, , 37, of Universal City, was arrested outside a Whataburger on Pat Booker Road April 30, 2014. With the final execution completed, Pena said the two murdered girls can finally have peace. She bought the beer and went with the group, unwittingly heading to her death. has been arrested for allegedly ramming his car into a Dollar General on the East Side, attempting to rob a nearby gas station and then returning to the Dollar General to rob the store a second time. [APPELLANT:] Excuse me, ma'am. 81(b)(2). 600, 121 L.Ed.2d 537 (1992). If there is the mitigation, is it sufficient, sufficient to rise to the level that you want to take this man, [appellant], and show him some mercy. Point three claims reversible error in precluding him from presenting testimony about that parole eligibility requirement. 1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. On the night of 24 June 1993, a group of teenage boys gathered at T.C. Cantu also confessed. 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. 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. Derrick O'Brien, belted to a gurney, looked through the death chamber window at Ertman and other relatives of the girls and called his involvement "the worst mistake that I ever made in my whole life." (Page 2) 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. Now, Cantu seeks a COA on five of the issues he raised below. I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. Cantu was described as the leader of small gang known as the Black and Whites. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. denied, 510 U.S. 905, 114 S.Ct. In contrast, in Smith v. State, 919 S.W.2d 96 (Tex.Crim.App.1996) (plurality op. 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. Romans brother Frank, and Joes fourteen-year-old brother, Venancio, were also present. Seven minutes later, O'Brien was dead. We further note that appellant made no request for such a special verdict form and no objection was made to the instruction given at trial. Johnson, supra, at 135. Other than reurging his assertion that his trial counsel rendered ineffective assistance for failing to object to the prosecution's argument, Cantu raises no additional argument in his petition for COA. He and other gang members also stood on the girls' necks to ensure they died. * that appellant threatened to kill an officer of the law; and denied, 510 U.S. 919, 114 S.Ct. 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. Proc. Burial will follow at El Coyote Cemetery in Orange Grove, TX. 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. 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. Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. 1756, 95 L.Ed.2d 262 (1987). ^ D'Alessandro, Anthony (January 22, 2022). He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . Visitation for Mr. Pedro Pete Cantu will begin on Sunday, February 2nd from 2:00 till 7:00 P.M. and on Monday, February 3rd from 7:00 A.M. till 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. 3230, 106 L.Ed.2d 578 (1989). H-07-CV-3016, 2009 WL 275172 (S.D.Tex. He asserts that the nexus requirement set out by this Court in cases like Lackey v. State, 819 S.W.2d 111, 135 n. 10 (Tex.Crim.App.1989), Mines v. State, 852 S.W.2d 941 (Tex.Crim.App.1992),FN4 Richardson v. State, 879 S.W.2d 874 (Tex.Crim.App.1993), and Willingham v. State, supra, is no longer valid in light of the post- Penry sentencing scheme.FN5 He conclusorily states that, while a nexus was required under these post- Penry, pre-statute cases, this should no longer be the law in light of the enactment of Article 37.071, Section 2(e).FN6. Medellin's DNA matched semen samples taken from Patricia's body. The girls were still being raped when Cantu whispered to Venancio, "We're going to have to kill them.". * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward; Id. [WITNESS:] Yes. The charge given was as follows: PEDRO CANTU OBITUARY Pedro "Pete" Cantu Jr. passed away at 7:00 AM Tuesday, March 19, 2019 at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his. 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. Don't kill that child. At the guilt/innocence phase of the instant case, the jury was specifically charged that they could not find appellant guilty of capital murder unless he intentionally murdered the victim or intentionally assisted in the commission of the murder and the aggravating offense. Hence, appellant's first and third requested charges set out above would have been misstatements of the law. A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. ), cert. It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. Nearly two decades after friends and relatives frantically distributed flyers offering a $10,000 reward for help finding the teenagers who failed to return home from a summer pool party, prosecutor Donna Goode still has one in her office. Pete Cantu in Texas(TX) found with records in 36 cities. Johnson v. State, 803 S.W.2d 272, 292 (Tex.Crim.App.1990), cert. At this point, the Sandoval brothers decided that it was time to leave. 2. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. Appellant is incorrect. Additionally, given the plain language of Article 37.071 Section 2(e), as well as our holdings in the cases cited above, we find no bad faith on the part of the prosecutor, nor do we find evidence of an intent, given the entire record of final arguments, on the part of the State to deny appellant a fair and impartial trial. THE COURT: Overruled. 2950, 49 L.Ed.2d 929 (1976), when it held that the Texas future dangerousness issue was not unconstitutionally vague. You are instructed that, in considering the mitigating factors in answering the special issues, you are to consider the Defendant's youth as a mitigating factor.. Medellin said that they "had fun" and that their activities would be seen on the TV news. 586, 130 L.Ed.2d 500 (1994). 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. That said, we resolve any doubts as to whether a COA should issue in the petitioner's favor when the death penalty is involved. 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. 65,334-01, 2006 WL 3692646 (Tex.Crim.App. 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. 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. "He's a guy who fully accepts his responsibility.". 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. Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. Perez and Villarreal will not be eligible for parole consideration for more than two decades. Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. Appellant contends in his forty-fourth point of error that Article 37.071 2(a),FN13 which prohibits the judge and the parties from informing the jury of the effect of a failure of the jury to agree on their answers to the special issues, violates the Eighth and Fourteenth Amendments to the United States Constitution. Jester Park at White Oak Bayou. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. at 2608. Point of error thirty-five is overruled. That is when Cantu, now 35, is set to die by lethal injection in Hunstville. He was friendly and never met a stranger. Banda v. State, 890 S.W.2d 42, 54 (Tex.Crim.App.1994), cert. 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. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. 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. on A brief summary of the facts will be helpful. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). See 466 U.S. 668, 687, 104 S.Ct. In light of the district court's thorough analysis, we cannot say that reasonable jurists would disagree with that determination and, therefore, deny a COA on this issue. Hair Color: Black The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. Peter Anthony Cantu, 35, was executed by lethal injection on 17 August 2010 in Huntsville, Texas for the rape and murder of two teenage girls. 4/21/10 -- The 178th District Court set Cantus execution date for August 17, 2010. They have also lived in Marion, TX. "I had no idea they would be coming to this." Appellant's thirty-ninth and fortieth points of error are overruled. M. Pena also told the jury what her daughter had been like in life: personality traits she exhibited, activities she had engaged in, and similar good character type evidence. 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Visit Website. 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. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. 3230, 106 L.Ed.2d 578 (1989). Both of these claims are governed by the familiar Strickland standard. He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. On June 24, 1993, the girls spent the day together and then died together. Your email will not be used for any other purpose. FN8. He. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 Point of error thirty-one is overruled. Date of Offense: 06/24/93 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. [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. I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. Well, this is a sanitized and civilized killing that we have for Peter Cantu. Estimate Request Form Appellant objected that this was improper impeachment on a collateral matter. Eventually, all of the individuals who participated in the gang rape and murder were arrested and most of the jewelry was recovered, including some from Cantus bedroom. Point of error forty-two is overruled. FN1. 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. Frank Sandoval and Venancio Medellin, 14, brothers of two of the gang members, were also present. 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. However, the Supreme Court also held that the State has a legitimate interest in countering this individualization of the defendant by reminding the jury that the victim, also, was an individual whose death represents a unique loss to society and to his or her family. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. When Cantu saw them, however, he thought they were a man and woman. And 17 years later he died not soon enough. Later Cantu and his accomplices were said to have joked about the brutal killings. 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. Randy commandeered the news van and went to the scene that was now bustling with police activity. "At least some of the scumbags are dead. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. However, his request for a mistrial was thereafter denied. 1224th murderer executed in U.S. since 1976 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. Cantu v. Quarterman, 341 Fed.Appx. 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. Thus, this evidence is admissible under Texas Criminal Evidence Rule 401. I love you too Pete, may you find peace wherever you are, finally you are free. The sixth was convicted as a juvenile and is serving a 40-year prison term. See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. 52(a). Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. The record shows appellant never objected to the Court's stating his plea before the jury instead of by himself or by his counsel. The court, the attorney representing the state, the defendant, or the defendant's counsel may not inform a juror or a prospective juror of the effect of a failure of a jury to agree on issues submitted under Subsection (c) or (e) of this article. Furthermore, our statutory scheme has not radically changed from the version upheld in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; and Jester Park in Houston to participate in a gang initiation ritual. 2253(c), Cantu now seeks from this court a certificate of appealability. @pete.cantu.777. 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. Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? 42.18, 8(b)(2), V.A.C.C.P., provision requiring a prisoner serving a life sentence for capital murder to serve 35 calendar years, without consideration of good conduct time, before becoming eligible for parole. Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity.
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