Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. The gang then drank beer and engaged in horseplay. Cold, cruel, inhuman, and yet he has his attorney saying don't kill the child. 5. the defendant's age and personal circumstances at the time of the offense;
Peter Cantu then walked in and readily agreed with their recollection of events. Native County: Harris
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Ertman got away, but Medellin grabbed Pena and dragged her down off the hill. His proposal is based upon a similar study undertaken in Illinois in which an expert found that jurors did not understand the Illinois punishment statutes. Cantu v. Quarterman, No. Overstreet, J., filed concurring and dissenting opinion. 2. Point of error thirty-two is overruled. 65,334-01, 2006 WL 3692646 (Tex.Crim.App. The boys then began strangling the girls. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated:
2213, 2223-24, 60 L.Ed.2d 777 (1979). Petitioner filed application for certificate of appealability (COA). [THE STATE:] They were all saying that? 7. psychiatric evidence; and
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. Hence, a plurality of the court concluded that testimony by the sister of the victim concerning the victim's good nature, hobbies, and work ethic was not relevant to sentencing and, therefore, should not have been admitted.
The district court concluded that the state court's rejection of this argument was not an unreasonable application of federal law, and we conclude that reasonable jurists would not disagree with that determination. As she was leaving, she was stopped by Joe Medellin, Peter Cantu and Sean O'Brien, who asked her to buy them some beer since they were underage. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010
Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. 2726, 33 L.Ed.2d 346 (1972). The records clearly show that such jury argument was not a summation of the evidence, a reasonable deduction from the evidence, an answer to opposing counsel's jury argument, nor a plea for law enforcement. Pete Cantu Alyssa Cantu John Alexander, 62 John Alexander, 88. has lived in . The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016.
The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. Evid. 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. Don't kill that child. Of the six people convicted, five were sentenced to death. A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to:
Spare his life, please, ladies and gentlemen of the jury. He became notorious for trying to kick a TV cameraman recording his arrest. Tex.Code Crim. Points of error twenty-five through twenty-seven are overruled. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. LinkedIn is the world's largest business network, helping. We disagree. 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. Randy Ertman appeared on the local news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair? Green v. State, 934 S.W.2d 92, 106, 107 (Tex.Crim.App.1996). Preceded in death by his parents, five brothers: Isidro, Ben, Jacinto, Tiofilo, and Pablo Cantu, four sisters: Janie Arguijo, Julia Flores, Frances Arguijo, Lupe Cantu, grandson: Matthew Cantu, four greatgrandchildren: Rosando Cantu, Emily Marquez, Jacob Benitez, Jasmine Cadena. [WITNESS:] He just said, I did that, too.
Mental or physical incapacity caused by intoxication means that the defendant's mental capacity was so disturbed from the introduction of a substance into his body that the defendant either did not know that his conduct was wrong or was incapable of conforming his conduct to the requirements [sic] of the law he allegedly violated. Appellant's claimed error could have been corrected easily if he had timely called it to the court's attention by making a contemporaneous objection. Dec.13, 2006). ", Maria Frausto said she often says a small prayer when she jogs past the memorial. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. 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. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. 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. Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu. 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. [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. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. 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. 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. denied, 506 U.S. 942, 113 S.Ct. 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. 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. Munoz allegedly stole more than 100 beers, along with cigarettes and rolling paper at a Valero Corner Store in the 1200 block of Probandt Street, according to an arrest warrant affidavit. Sign Up.
In light of this, we look to the record in the present case and review the evidence in the light most favorable to the verdict to determine whether a rational jury could have found sufficient evidence that appellant would probably be a danger in the future. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. Pete will be remembered for his infectious laugh and loving personality. After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. He let out a final breath at 6:17 p.m. and peacefully died. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. Booty Patrol' truck spotted in South Texas, San Antonio woman shows strength of single moms on 'Naked and Afraid', Kyle to open first Costco Wholesale this March, Former Boerne quarterback allegedly gave plays to other XFL teams, A one-of-a-kind Hill Country rooftop bar will be a cowboy's dream, WATCH: Drunk driver attempts to flee crash that killed a Texas cop, Massive alligator shocks South Texas locals in Atascosa County. 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. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. 52(a). 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. After Raul fought all of the members, he was welcomed into the gang. Gaddis, supra, at 398. 2/3/94 -- A jury found Cantu guilty of capital murder. Pete Cantu Rodriguez, born on January 16, 1964 in San Antonio, TX was called to be with The Lord on August 19, 2020 at the age of 56. 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. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. 2/4/09 -- The federal district court denied relief. 2382, 65 L.Ed.2d 392 (1980). 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. Court appeals to delay the punishment appeared exhausted. Tex. 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. As stated in the previous point, neither the state nor federal constitution requires that certain evidence be labeled as mitigating, nor does it require what weight, if any, should be given to evidence that is found to be mitigating. Pursuant to 28 U.S.C. The sixth was convicted as a juvenile and is serving a 40-year prison term. "I had no idea they would be coming to this."
No additional information for Cantu Roofing yet. 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. Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. ] (emphasis added). "I think whatever they did, no matter how much there is, they should stand trial for every single thing." Proc. 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. Gender: Male
We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. Penal Code 8.04, the trial court submitted the following instruction to the jury in the punishment charge:
Burial will follow at El Coyote Cemetery in Orange Grove, TX. At age 11, he got caught stealing a bike from a younger boy. Cantu's family did not attend his killing. * * *
Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. * * *
600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). FN2. denied, 512 U.S. 1246, 114 S.Ct. FN2. Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art. The person not sentenced to death, 14 at the time, got a 40-year sentence. Later Cantu and his accomplices were said to have joked about the brutal killings. 1756, 95 L.Ed.2d 262 (1987).
* * *
2597, 115 L.Ed.2d 720 (1991), the United States Supreme Court recognized that prior jurisprudence dictates that a capital defendant must be treated as a uniquely individual human being. Payne, 501 U.S. at 822, 111 S.Ct. 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? Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. M. Pena then testified as to her relationship with her daughter and her daughter's relationship with other members of the family. Thus, he contends, evidence of intoxication which did not rise to this level was precluded from being afforded mitigating effect in violation of Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. As their midnight curfew approached, they discussed the fastest route to Pena's home. See Heitman v. State, 815 S.W.2d 681 (Tex.Crim.App.1991). 55 (5th Cir. The police traced the 9-1-1 call to Cantu's home. [THE STATE:] And when he said, yeah, I did that, what was he talking about, Christina? Contractors DirectoryInformation on every contractor in United States. (The execution) doesnt really make me feel any better, knowing that there are three guys that got away with this. ; Keeton v. State, 724 S.W.2d 58, 61 (Tex.Crim.App.1987) ( Keeton I); Heiselbetz v. State, 906 S.W.2d 500, 507-508 (Tex.Crim.App.1995). They decided to follow the railroad tracks that passed by T.C. Hence, appellant's point of error thirty is overruled.
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. 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. 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. And 17 years later he died not soon enough. At 11:30 p.m., Jennifer and Elizabeth decided to head for Elizabeth's house where Jennifer would then call a taxicab to take her home. In point three, appellant avers that the trial court erred in prohibiting him from introducing testimony that he would have to serve 35 calendar years before becoming parole eligible if sentenced to life imprisonment. (806) 763-8400. Expressions of sympathy may be sent at www.schaetter.com. 1337, 127 L.Ed.2d 685 (1994). * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward;
They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. Again the evidence belies this conclusion. Nelson, supra, at 498. Browse our site for information and then call one of our three retail locations below for answers to your questions or for pricing information and quotes on your projects. A State may legitimately conclude that evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed. Additionally, the Texas death penalty scheme was found constitutional by the Supreme Court in Jurek v. Texas, 428 U.S. 262, 270-72, 96 S.Ct. In fact, death row rules were changed to allow families to watch executions because of this case. * that appellant attacked a sixth grade teacher;
Pete Cantu (1914 - 1980) - El Cerrito, California. He specifically states that the Texas death penalty is unconstitutional under the Eighth Amendment, the Equal Protection Clause of the Fourteenth Amendment, and Article 1, Section 13 of the Texas Constitution. When the jury was brought back in, the State again asked if the witness thought the killing of the two girls was funny. 2658, 125 L.Ed.2d 290 (1993). [WITNESS:] Yeah. In the instant case, it is evident the prosecutor did not inject any new facts into the proceeding, much less new facts that could be deemed prejudicial or harmful. Johnson, supra, at 135. at 336, 123 S.Ct. February 19, 2014. He told Venancio to stay behind, saying he was "too little to watch." 3230, 106 L.Ed.2d 578 (1989). One of the boys boasted of having 'virgin blood' on him. Point of error forty-three is overruled. (Habeas). Appellant kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifer's neck until she stopped moving. 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. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. Keller and Womack, JJ., concurred in part, and concurred in result in part. 6. whether the defendant was acting under duress or the domination of another at the time of the offense;
Article 37.071 2(a) (as amended by the 1991 Legislature) is the same as the older Article 37.071(g) (Vernon 1990) with only minor changes. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Cantu was described as the leader of small gang known as the Black and Whites. The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. Open it up, look at it. Michelle Licon Cantu currently resides in Lubbock, Texas. Very brutal, very slow, tortured, a senseless killing. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." Appellant has shown no particularized need for this study. Sound rental, Band booking, Guitar and Bass lessons. It was a death the victims' families said was too good for the man who brought a violent and terrifying end to the lives of two teens 17 years ago. To this day, Houstonians remember the girls' names and what happened to them. Jester Park at White Oak Bayou. ", Their battered and decomposing bodies, left to mummify in a wooded field in the relentless heat of Houston's summer, were found four days after they disappeared. She had been stabbed and slashed in the abdomen, throat and back and strangled. The 14-year-old, Venancio Medellin, was handled in juvenile court and given the maximum sentence, split between juvenile and adult prison facilities. ), cert. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. "Put it this way: I wish my daughter could have died the way he died today.
When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. Roman told Cantu that he did not rape or kill girls. It should also be noted that the statements were made in the presence of appellant's brother (a gang member himself) and his sister-in-law and thus the speakers reasonably felt they could confide in them and had no motivation to lie or place the blame for the crime on someone else. Jester Park. In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. They should have hung them. Article 27.16 states that:
), cert. Appellant argues that the phrase or anticipated that a human life would be taken renders Article 37.071 2(b)(2) unconstitutional because the phrase lacks the required culpability. Pursuant to Tex. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. Peter Anthony Cantu is a 35 year old Hispanic male, scheduled to be executed on August 17th in Texas. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. ), cert. said Gloria Rubac, a death penalty abolitionist. Six months before Jenny and Elizabeth were murdered, three of their killers murdered another young woman, Patricia Lourdes Lopez.
On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders.
Alize Nio) 6.el sabado 7.no te preocupes (tejano) 8.extrao. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. 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. Does it rise to that level? All cuzz them fine ass girls you all wanted to fuck. Pete Cantu. 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.