Article 27.16 states that:
Tex.R.App. ), cert. And 17 years later he died not soon enough. Select this result to view Peter Cantu's phone number, address, and more. Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. I'd do the same thing if I was in his position. Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Two are serving life sentences after having their death sentences commuted because they were juveniles at the time of the murders. He said he was told repeatedly by Peter Cantu to "get some". denied, 506 U.S. 942, 113 S.Ct. (The execution) doesnt really make me feel any better, knowing that there are three guys that got away with this. Point of error thirty-one is overruled. 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. The murder of the two girls, both students at Waltrip High School, became one of the most notorious crimes in modern Houston history. A little thing that I would suggest is that you kind of go in the step of number one, you look to determine is there any mitigation. Article continues below advertisement. 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. Keller and Womack, JJ., concurred in part, and concurred in result in part. At Cantu's trial, immediately before the sentence was pronounced, Judge Bill Harmon allowed Jennifer's father, Randy Ertman, to speak directly to Cantu. 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. ), 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. denied, 506 U.S. 942, 113 S.Ct. Viva Cristo Rey! Point of error thirty-six is overruled. All Rights Reserved. They decided to take a shortcut across the railroad tracks. 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. Perez and Villarreal will not be eligible for parole consideration for more than two decades. In related points of error fifteen, sixteen and seventeen, appellant argues that the trial court erred in denying his requested charges that the jury must give effect to mitigating evidence and that the jury must consider youth and mental health as mitigating. Ertman was robbed of her rings, necklaces, and cash. denied, 514 U.S. 1005, 115 S.Ct. Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). See Free v. Peters, 806 F.Supp. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. Owner at Last Note Productions. He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. 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? Date of Birth: 05/27/75
After police informed Cantu that one of the other participants fully confessed, Cantu gave his second statement, in which he described how both girls were killed. Proc. The girls were still being raped when Cantu whispered to Venancio, "We're going to have to kill them.". 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. Very brutal, very slow, tortured, a senseless killing. 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. Thus, we do not consider the argument on appeal. We think about those girls every day. "We can say its the end, but its never going to be closure," Adolfo Pena, Elizabeths father, said afterward. "Just a bad, bad case.". Pete Cantu, 82. At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot.
When Pena screamed, Ertman ran back to try to help her friend, but Cantu grabbed her and dragged her down the hill as well. We will address the points as they are presented to us. 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. 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. Sometimes people don't make the best decisions, but the following incidents show some truly questionable behavior. However, we reaffirmed the original holding on appeal. Pursuant to 28 U.S.C. See Lawton, supra; see also McFarland, supra. Peter Cantu confessed to the murders at the time of his arrest.
Christina subsequently convinced her husband to report the incident to the police. Antonio "Tony" Arizola Cantu 74, passed away on Sunday, June 13, 2021, in San Antonio. She bought the beer and went with the group, unwittingly heading to her death. See Photos. Appellant raises forty-five points of error. denied, 512 U.S. 1246, 114 S.Ct. 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. THE COURT: Overruled. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated:
Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. See, e.g., Thacker v. Dretke, 396 F.3d 607, 617 (5th Cir.2005); Elizalde v. Dretke, 362 F.3d 323, 332-33 (5th Cir.2004); Woods v. Cockrell, 307 F.3d 353, 361 (5th Cir.2002). 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. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? Eight minutes later, he was dead. THE COURT: Overruled.
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.
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. Look up Pete Cantu's phone number, home address, email address, and other personal information. Anderson v. State, supra, at 509-10. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. Later that night, appellant, Joe, Efrian, and Raul regrouped at appellant's house to brag about their exploits. 155, 130 L.Ed.2d 94 (1994):
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Danny Acosta, 30, faces a charge of aggravated robbery after he allegedly robbed a house last month. Barnes, supra. FN2. Appellant asserts in his forty-first point of error that the Due Process Clause of the Fourteenth Amendment requires this Court to engage in proportionality reviews of death penalty cases. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. Johnson, supra, at 135. Cantu then sought state post-conviction relief. When Cantu saw them, however, he thought they were a man and woman. For instance, a special instruction is not mandated under our law requiring a jury to affirmatively answer whether they believed witness A, but not witness B. Cantu allegedly bragged to friends and family about being the ringleader of the incident, and he paid for it with his life. "Parents always worry about their kids, especially their daughters.". 2187, 129 L.Ed.2d 133 (1994), to the circumstances in this case. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. Four of the other assailants that night were also convicted of capital murder and sentenced to death. denied, 501 U.S. 1259, 111 S.Ct. 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. In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. Archived from the original on June 6, 2022. This Court has held that, when challenging the constitutionality of a statute:
Your Honor, we object to the suggestion that there has to be a nexus between the mitigation and the returning of a verdict which would result in a life sentence. Funeral Home website by. As their midnight curfew approached, they discussed the fastest route to Pena's home. Holdings: The Court of Appeals held that:
Not soon enough. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). Proc. We conclude that reasonable jurists would not disagree on this matter. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. Leave your condolences to the family on this memorial page or send flowers to show you care. 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. Romans brother Frank, and Joes fourteen-year-old brother, Venancio, were also present.
The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. He told the police that the girls' bodies could be found in T.C. * * *
Medellin and O'Brian each apologized prior to their respective executions, but Pena said he did not expect an apology from Cantu on his deathbed and he was not surprised when he did not get one. Cantu declined requests for interviews prior to his execution. Cantu strangled Pena with shoelaces. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. 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. * that appellant made threats at a hospital and in jail. It noted that graphic crime scene photographs do not offend due process principles when they serve[ ] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased. Cantu, 2009 WL 275172, at *23 (alterations in original) (quoting Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir.1996)). $26.50 paid to City of San Antonio, Texas, Description: They were spotted by the group, pulled off the tracks and taken into nearby woods where they were sexually assaulted. It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. 1910, 150 L.Ed.2d 9 (2001) (using the clearly drafted catchall instruction of Texas Code of Criminal Procedure article 37.071 2(e)(1) as a frame of reference to compare its brevity and clarity against the confusing nature of the supplemental instruction given in that case). Failure To Object To Prosecution's Argument. ] (emphasis added). 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. Jester Park at White Oak Bayou. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. Even if we assume that the prosecutor's statement was an improper comment, we conclude it was not so egregious that it was not cured by the instruction given to the jury to disregard it. I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. Later that night, Perez, Villareal, and Jose Medellin met at the house where Cantu lived with his older brother and sister-in-law, Joe and Christina Cantu. denied, 513 U.S. 1157, 115 S.Ct. You are instructed that certain evidence introduced to you has been offered in mitigation of the Defendant's punishment. Jail. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. We concluded that the trial court's decision to admit this testimony was not an abuse of discretion in that such testimony was within the zone of reasonable disagreement of evidence relevant to sentence. We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court.
1224th murderer executed in U.S. since 1976
3. the forethought and deliberateness exhibited by the crime's execution;
The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. Sound rental, Band booking, Guitar and Bass lessons. 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. Thus, this evidence is admissible under Texas Criminal Evidence Rule 401. 2052. Point of error thirty-four is overruled. your email below for our complimentary daily grief messages. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. 2556, 135 L.Ed.2d 1074 (1996). Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. * * *
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The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. There might be a fact and circumstance out there that just cries out for mercy, cries out for you to give the person some leniency and not give them the death penalty,. Keep that in mind when you think in terms of what is it that really compels our mercy and do you see it in this case? Tex.R.App. 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. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. ** 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: Plus, appellant objected at the punishment stage to the testimony of Pena's mother, M. Pena, who testified as to her daughter's good character, the search for her daughter, and the impact the disappearance had on the rest of the family members. Graveside services and interment followed in the St. Marys Catholic Cemetery. Deputies chased the vehicle until it broke down at F.M. He told the call taker that the missing girls' bodies could be found near T.C. "He deserved to die, and 17 years later he died. at 688, 690, 104 S.Ct. "He's a guy who fully accepts his responsibility.". Provide a detailed review of this contractor: ** 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, $26.50 paid to City of San Antonio, Texas, Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes, City of San Antonio, TX Licensed Contractors. The sixth was convicted as a juvenile and is serving a 40-year prison term. 174, 130 L.Ed.2d 110 (1994); Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Thus, if in your judgment, a mitigating circumstance independently calls for a life sentence even though it also tends to support a yes answer to a Special Issue, you must not answer the Special Issue yes, but rather you should answer it no.
While a police helicopter was flying over the park, Cantu called 9-1-1 and told them to look on the other side of the bayou. "I had no idea they would be coming to this." Hence, his point presents nothing for our review.FN12 Tex.R.App. The totality of appellant's argument and authorities is as follows:
586, 130 L.Ed.2d 500 (1994). Pedro Cantu III, 30, had been driving a BMW near Jenny and Villa Drives around 10:30 a.m. when police attempted to pull him over, according to the Sheriff's Office. Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight.
She was born February 8, 1918 to Dallas and Daisy Johnson. denied, 492 U.S. 912, 109 S.Ct. At 6:09 p.m., lethal injection drugs entered Cantu's body. In hearing these comments, appellant consistently agree[d] with his cohorts' renditions of the evening's events. Several witnesses testified appellant had a history of violent behavior and offenses. Now [defense counsel], I don't blame him. This is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own. Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu.
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. They alerted the police and posted fliers, but the girls were not found. Information on every contractor in United States. 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. Appellant bases his argument on several cases that stand for the proposition that an indictment must be read and a defendant's plea must be entered before a jury in order for the issue to be joined. Pete Cantu (1914 - 1980) - El Cerrito, California. It is well-settled that, in reviewing the sufficiency of the evidence at the punishment stage, this Court views the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could make the finding beyond a reasonable doubt. Pena, however is not the victim for whose death appellant has been indicted and tried, and Payne does not contemplate admission of such evidence as permissible under the Eighth Amendment. Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. 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. 1987 Peter "Pete" Cantu 1988 Jay Smith 1989 Don Valdez 1990 Butch Vickers & David Uribe 1991 Hector Sandoval 1992 Refugio "Cuco" Escobedo 1993 George Wright 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. (806) 763-8400. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. Valerie Nicole. Indeed, we have rejected this argument recently.
No crime warrants a sentence of death. To send flowers Affirmed. A brief summary of the facts will be helpful. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. Appellant alleges in point thirty-three that the death penalty as presently administered in Texas is cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 13 of the Texas Constitution. The Mexican-American community was outraged by the death and Torres's family demanded justice. The jury is not required to specifically identify what evidence it specifically uses to find that a fact is true beyond a reasonable doubt, and extraneous offenses should not be an exception to this. 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..