[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. A drunken O'Brien had told Patricia that if she did not cause him to have an erection through oral sex, he would kill her. Volunteer Awards - border olympics Know more about Cantu Roofing? "Just a bad, bad case.". Holdings: The Court of Appeals held that:
He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . Article 36.01, which governs the order of proceeding in trial, states in pertinent part:
Texas Metal (2017-2021) Full Cast & Crew See agents for this cast & crew on IMDbPro Series Writing Credits Series Cast Series Produced by Series Music by Series Cinematography by Series Film Editing by Series Production Management Series Sound Department Series Camera and Electrical Department Series Casting Department Series Editorial Department March 11, 2019. In lieu of flowers, donations can be made to the Texas Scottish Rite Hospital for Children or the charity of your choice. Archived from the original on June 2, 2022. Date Received: 03/18/94
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. Below, Cantu additionally argued that the prosecution's sentencing-phase argument improperly limited the jury's consideration of mitigating evidence; however, he has conceded that argument in his present petition and, so far as his mitigation argument is concerned, seeks a COA only on whether Texas's method of presenting mitigation evidence to the jury is unconstitutional. 1997). "It's a little late," Ertman said. 315 followers. WebPete Cantu was born on April 9, 1914. "They left my house and they were supposed to go home," Rios said. Nine minutes later, he was dead. Because our analysis involves a review of the district court's resolution of Cantu's constitutional claims, we must take account of the deferential lens through which the district court evaluated those claims. In hearing these comments, appellant consistently agree[d] with his cohorts' renditions of the evening's events. With this standard in mind, we turn to Cantu's specific ineffectiveness arguments. List of American films of 2022 - Wikipedia 102 East 50th Lubbock TX 79404. * * *
[APPELLANT:] Excuse me, ma'am. Appellant avers in his thirty-sixth point of error that the trial court violated his rights under the Eighth and Fourteenth Amendments by submitting an instruction concerning intoxication during the sentencing phase. [WITNESS:] [Appellant], Joe, Junior and Raul. 'It's ridiculous. Sonnier v. State, 913 S.W.2d 511, 520-21 (Tex.Crim.App.1995); McFarland v. State, 928 S.W.2d 482 (Tex.Crim.App.1996).
There is no reason to treat such evidence differently than other relevant evidence is treated. Under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), the failure to object to an included charge waives all but egregious error. Date of Offense: 06/24/93
We think about those girls every day. Hence, appellant's first and third requested charges set out above would have been misstatements of the law. Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. Location: Houston, TX. What did he say? 586, 130 L.Ed.2d 500 (1994). Tuilaepa v. California, 512 U.S. 967, 114 S.Ct. ), 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. While this standard may be met if the evidence would permit a finding contrary to that establishing Cantu's participation in the actual murders, see Aguilar, 428 F.3d at 531, our interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense, Campbell v. Dretke, 117 Fed.Appx. at *24. After unsuccessfully appealing his conviction . The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. See Photos. ] (Emphasis added.).
Texas Metal Season 3: Premiere Date, Cast, Trailer, Host & News. Section 2(e) was added to address Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Johnson v. Quarterman, 483 F.3d 278, 285 (5th Cir.2007). Point of error thirteen is overruled. 2. the calculated nature of the defendant's acts;
On June 24, 1993, the girls spent the day together and then died together. Other cast members of the show are Spot and John. $26.50 paid to City of San Antonio, Texas, Description: denied, 516 U.S. 832, 116 S.Ct.
Appellant was tried under the 1992 version of Article 37.071.FN8 Since appellant has simply made a global argument as to all capital defendants since the 1970's, and has not shown us how his specific rights were violated by application of the statute, his contentions are without merit. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. For a rational jury to find that appellant was guilty only of sexual assault, robbery, or kidnapping, there must be some evidence in the record that appellant did not intend to kill the victim. FN10. The Court opined that victim impact evidence is designed to show the victim's uniqueness as a human being and the state has legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to his family. Payne, 501 U.S. at 825, 111 S.Ct. Burial will follow at El Coyote Cemetery in Orange Grove, TX. Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. He was nice enough to ask permission from a contractor working next door before doing the deed, according to an arrest warrant affidavit. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. [Emphasis in original.] ), cert. Pete will be remembered for his infectious laugh and loving personality. 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. Point of error nine is overruled. Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. Appellant walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. 705 (1992). Points one and two claim constitutional error in the trial court denying his requested punishment jury charge instruction informing the jury that pursuant to Article 42.18, 8(b)(2), V.A.C.C.P., a prisoner serving a life sentence for capital murder is not parole eligible until the actual calendar time served, without consideration of good conduct time, equals 35 calendar years. Seven minutes later, O'Brien was dead. 463rd murderer executed in Texas since 1976. Id. Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. Cantu next asserts that the method by which the Texas Code of Criminal Procedure presents the issue of mitigating evidence to a sentencing jury improperly prevents the consideration of constitutionally relevant evidence. His offenses escalated to car theft and an attempted stabbing. * that appellant threatened another student's father, saying that he wanted to kill him;
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. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. In fact, while Rousseau actually addressed the pre-1991 version of the statute, we noted that the Interpretive Commentary to the revised 1991 statute, under which appellant was tried in the instant case, stated that the revisions foreclosed the potential for a challenge to the statute based upon Mills v. Maryland, 486 U.S. 367, 108 S.Ct. You know, if you got the law you argue the law, if you got the facts you argue the facts, if you don't have either the law or the facts you don't have anything. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases.
Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. Pete Cantu - Facebook Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. After Raul fought all of the members, he was welcomed into the gang. He did not acknowledge the victims families and he had no personal witnesses attending the execution. [W]hy do you consider mitigation, that's because the courts allow you to individualize the justice. Factor Tejano: Erika Rene (Tu Chaparrita) 2023 Cantus execution was the third connected with the case. 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). A brief summary of the facts will be helpful. Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. She walked to a nearby convenience store, and called someone to come and help her. (Aug. 17, 2010, 10:41PM).
Enchiladas, fajitas and a cinnamon bun. This we decline to do. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. 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. Next, the older boys raped the two girls for about an hour while Venancio watched. Nevertheless, in light of Tex.R.App.Pro. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated:
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. [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. "Randy and Sandy have been through enough theres nothing left for them to say," Stacey said. A tip led authorities to the bodies. Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. Please visit www.cbp.gov to view additional news releases and other information pertaining to Customs and Border Protection. Furthermore, our statutory scheme has not radically changed from the version upheld in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. Read more about the life story of Pete and share your memory. The police traced the 9-1-1 call to Cantu's home. 74(f). Rather, there must be some evidence directly germane to a lesser included offense for the factfinder to consider before an instruction on a lesser-included offense is warranted. It's not a question of you killing this child. And finally, the prosecution closed by reiterating:
The State can talk all day long about what a horrible person he is and how these girls, those children. Those children suffered a brutal killing. 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. Texas Rule of Criminal Evidence 610(b) provides: a witness may be cross-examined on any matter relevant to any issue in the case, including credibility. The trial court has discretion as to the extent of cross-examination of a witness for the showing of bias or as to credibility, and its decision is not subject to reversal on appeal absent a clear abuse of discretion. Does it justify it? at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. Pete Cantu Alyssa Cantu John Alexander, 62 John Alexander, 88. has lived in . Martinez was fifteen years old and testified that she had known appellant for approximately three years and went out with him and mutual friends almost every weekend. A memorial was erected to them at Waltrip High School, which they attended. They then used Ertman's shoelaces to finish strangling her. In this review, we do not attempt to determine what a particular jury subjectively believed. I continue to voice my disagreement with the majority's continued refusal to acknowledge the constitutional infirmities in depriving the jury of information relevant to the special issues as to the statutorily required mandatory serving of 35 calendar years before becoming eligible for parole on a life sentence for capital murder. Following this ritual, the boys drank beer, then they headed toward some nearby railroad tracks. 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. Rousseau, 855 S.W.2d at 687, n. 26. 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. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. FN1. 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. Ertman tried to help. The record shows appellant never objected to the Court's stating his plea before the jury instead of by himself or by his counsel. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. In reviewing the prosecution's argument, [t]he relevant question is whether the prosecutors' comments so infected the trial with unfairness as to make the resulting conviction a denial of due process. Id. Two members also have been executed and two others are serving life prison sentences. He said he was told repeatedly by Peter Cantu to "get some". Tex.R.App. With the final execution completed, Pena said the two murdered girls can finally have peace. The testimony of M. Pena consisted of her telling the jury about her family and showing the jury pictures of the victim's sixteenth birthday party. 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. At this point, the Sandoval brothers decided that it was time to leave. Rule App. Does it rise to that level? In his argument, appellant basically urges this Court to re-evaluate its prior holdings that Article 37.07 does not apply to capital cases and that the admission of unadjudicated extraneous offenses at the sentencing phase of a capital trial does not offend the Eighth and Fourteenth Amendments. 2658, 125 L.Ed.2d 290 (1993). Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010
He told the call taker that the missing girls' bodies could be found near T.C. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. I suspect that it's something you will never ever forget if you never see these photos again, but if you want to see, if you want to start thinking about don't kill that child, don't kill that child, think about the two children in here that all you got left of them is right here. For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses. I'd do the same thing if I was in his position. Wasn't no pain. Peter Anthony Cantu Execution: Mastermind of Jennifer Ertman and Manager of the Year: Pete Cantu - YouTube He died in July 1980 at 66 years of age. 284, 126 L.Ed.2d 234 (1993). 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. His second requested charge is also a misstatement of the law in that Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. They were forced to perform oral sex. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). Id. Nelson, supra, at 498. ), cert. Four of the other assailants that night were also convicted of capital murder and sentenced to death. 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. Petitioner filed application for certificate of appealability (COA). Both expressed regret for their role in the killings. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. (AP August 17, 2010). (plurality op. Pete Cantu - Lubbock, Texas, United States | Professional Profile 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. Peter Anthony Cantu Executed for Jennifer Ertman and - CBS News denied, 516 U.S. 1021, 116 S.Ct. The attackers confessed and at times seemed indifferent to the charges against them. Here's a full rundown of the teams, drivers, and their cars. I, Sec. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. See also Green, supra. 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. We decline to revisit this issue here. Her family was present at his trial for the June murders. Joe Cantu, brother of ringleader Peter Cantu, whose call to police had led to the arrests in the Ertman/Pena murders, had again contacted authorities and told them that he recalled O'Brien bragging about another murder that occurred before the girls were killed. Some of the girls' jewelry was recovered from his bedroom. denied, 512 U.S. 1246, 114 S.Ct. Hence, his point presents nothing for our review.FN12 Tex.R.App. As their midnight curfew approached, they discussed the fastest route to Pena's home. When the rapes finally ended, the horror was not over. We note that Article 37.071, Section 2(e) is essentially a codification of the dictates set out in Penry, supra, and has not been amended since its enactment, effective September 1, 1991. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). Thirty-five-year-old Peter Anthony Cantu was strapped to a gurney in the Huntsville Unit prison death chamber and given a lethal injection Tuesday evening as relatives of his victims, Jennifer Ertman and Elizabeth Pena, looked on. Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? "He did a horrendous crime to these two girls and he deserved to die. FN3. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). Evidence of extraneous offenses admitted included that Cantu stole a bicycle from an eight-year-old and then turned it in for a reward; that Cantu threatened a woman and broke a window in her home; that Cantu attacked a sixth-grade teacher; that Cantu threatened another students father, saying that he wanted to kill him; that Cantu created problems at school by fighting and cursing; that Cantu threatened to kill an officer of the law; and that Cantu made threats at a hospital and in jail. Pedro Cantu (@pedro_cantu_97) Instagram photos and videos Hell, no.". The Forbes 400 net worth cut off this year was a record-high $2 billion. During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. Spence v. State, 795 S.W.2d 743, 759 (Tex.Crim.App.1990), cert. Cantu kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifers neck until she stopped moving. In points thirty-seven and thirty-eight, appellant complains that the admission of unadjudicated extraneous offenses during the sentencing phase violated Article 37.07 and the Eighth and Fourteenth Amendments to the United States Constitution. ), cert. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4 - YouTube Peter Cantu then walked in and readily agreed with their recollection of events. Compare, Cofield v. State, 891 S.W.2d 952 (Tex.Crim.App.1994).FN7 Point of error six is overruled. "He deserved to die, and 17 years later he died.
4. the existence of a prior criminal record, and the severity of the prior crimes;
Man arrested after police say he stole vehicle of deputy who was chasing him on foot, More than 21K CPS Energy customers lose power due to storms, Texas mom accused of killing her children has history of violence, Pedro Cantu III booking photo from Guadalupe Co. Danny Acosta, 30, faces a charge of aggravated robbery after he allegedly robbed a house last month. Instagram Contact Us Check out some new shirts!
Point of error twenty-two is overruled. 2253(c)(2). The boys then began strangling the girls. Occupation: Laborer
In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. Appellant has provided no reason why the situation should be different in Texas. He married. To send flowers Gaddis, supra, at 398. Ha-ha. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. Cantu's assertion, however, invites us to look only at a single item of evidence and to ignore all of the remaining evidence in the case.