The bodies were found six days later after Cantus brother, using an alias, phoned police. "Texas executes gang member for murder of 2 girls," by Michael Graczyk. Proc. Point of error thirteen is overruled. At age 11, he got caught stealing a bike from a younger boy. He was on probation for assault in connection with an incident at the Astrodome parking lot in which he threatened another youth with a knife. Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. denied, 491 U.S. 910, 109 S.Ct. Does she have blond hair?!!?" ", Maria Frausto said she often says a small prayer when she jogs past the memorial. 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. at 336, 123 S.Ct. 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. Point of error nine is overruled. denied, 513 U.S. 967, 115 S.Ct. 55 (5th Cir. 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. TikTok video from Pete Cantu (@petecantu3): "Pulled this out the drafts #fyp #disneyparents #blowthisup". Instead, jurors must individually determine what evidence, if any, mitigates against the imposition of the death penalty and what weight, if any, to give that evidence in its consideration. 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 Description: Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . "We could have put all of them in prison for life. [THE STATE:] So, at some point did they move on from talking about what they did to them sexually and tell you that they killed them? Appellant's specific complaint seems to be racial discrimination based on the race of the victim in that he notes that appellant is Hispanic and the named victim was white. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). Ertman got away, but Medellin grabbed Pena and dragged her down off the hill. (Page 2) 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. This is a carousel. Section 2(f)(4) stated: 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. Sound rental, Band booking, Guitar and Bass lessons. "Theres no way to ever get closure from this. * * * Select the best result to find their address, phone number, relatives, and public records. If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court. HUNTSVILLE The legal saga that began several days after the horrifying murder of two teenage Houston girls in 1993 came to an end Tuesday night with the execution of Peter Anthony Cantu, a former gang leader who all but ordered the execution of Jennifer Ertman and Elizabeth Pena. A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. Based on all of this evidence, the state court determined that a reasonable jury would not acquit Cantu of capital murder and convict him of the lesser-included offenses. denied, 495 U.S. 940, 110 S.Ct. 65,334-01, 2006 WL 3692646 (Tex.Crim.App. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Look up Pete Cantu's phone number, home address, email address, and other personal information. Date Received: 03/18/94 Penal Code 8.04, the trial court submitted the following instruction to the jury in the punishment charge: 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. 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. [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. 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. 6:00pm I was escorted along with four other media witnesses. I dont believe anybody ever in their lifetime is going to forget this. [WITNESS:] Yes. Appellant has shown no particularized need for this study. Your email will not be used for any other purpose. 19.03(a)(2). The Antiterrorism and Effective Death Penalty Act (AEDPA) requires a petitioner to obtain a COA in order to appeal the district court's denial of his habeas petition. 2052. Appellant asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. He contends in his twenty-sixth point of error that the scheme is unconstitutional as applied in that it fails to channel the sentencer's discretion. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. Two of the six assailants had their death sentences commuted to life in prison when the U.S. Supreme Court barred capital punishment for those who commit crimes under the age of 18. FN6. That is when Cantu, now 35, is set to die by lethal injection in Hunstville. Cantu walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. Article continues below advertisement. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. Nevertheless, in light of Tex.R.App.Pro. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. 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. Especially the white chick, she looked good, huh, Junior? In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. After Raul fought all of the members, he was welcomed into the gang. 81(b)(2). "They are still behind us. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: Appellant's objections were overruled and the evidence was admitted. Id. [F]irst, the lesser included offense must be included within the proof necessary to establish the offense charged, and, second, some evidence must exist in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser offense. Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa Six months before Jenny and Elizabeth were murdered, three of their killers murdered another young woman, Patricia Lourdes Lopez. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. 2556, 135 L.Ed.2d 1074 (1996). A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. Appellant's tenth and eleventh points of error are overruled. Nowhere will you find the court instructing you that you have to find any evidence that you've heard in this case mitigating. The Ertman and Pena killings led to five death sentences, at the time the most of any crime in modern American history. * * * Pete Cantu (1914 - 1980) - El Cerrito, California. Court appeals to delay the punishment appeared exhausted. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. The instant case is distinguishable from Payne, Ford and Smith as Pena was not the victim named in the indictment. First, he asserts that he received ineffective assistance because his trial counsel failed to object on due process grounds-though counsel did object on evidentiary grounds-to the court's admitting photographs of the victims' bodies and of the crime scene as found by the investigators. 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. Thus, we deny a COA on this final issue. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. Looking at the evidence in the light most favorable to the jury's verdict, the record reveals the following facts: Appellant was the self-appointed leader of a gang called the Black and Whites in Houston. They decided to take a shortcut across the railroad tracks. On the night of 24 June 1993, a group of teenage boys gathered at T.C. Race: White Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. 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. 74(f). The charge given was as follows: denied, 513 U.S. 861, 115 S.Ct. 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. We further held in Rey v. State, 897 S.W.2d 333, 337 (Tex.Crim.App.1995), that Ake applies to non-psychiatric experts like pathologists. 106, 133 L.Ed.2d 59 (1995). After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. Appellant has given us no reason to revisit our analyses in these cases, nor has he shown us any distinguishing evidence in the record or provided us with any other reason why these cases should not control in the instant case. 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. "They left my house and they were supposed to go home," Rios said. Tex.Code Crim. As such, we hold that no error has been created by these events. The murders of Elizabeth Pena and Jennifer Ertman affected Houston deeply. 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. | Because of our resolution of points of error eighteen and nineteen, supra, we hold that this was not error. Ertman made the drive here four years ago for the first execution. Unfortunately, he revealed on Instagram . Furthermore, any error, assuming there was error, was harmless. Second, Cantu asserts that the Eighth Amendment's proscription of cruel and unusual punishment was violated by the trial court's refusal during the guilt-innocence phase to instruct the jury on three lesser-included offenses: sexual assault, robbery, and kidnapping.FN2 Cantu bases his claim on the Supreme Court's decision in Beck v. Alabama, 447 U.S. 625, 100 S.Ct. (10:41 PM CDT, August 17, 2010). 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. Pleasanton Express Staff 3230, 106 L.Ed.2d 578 (1989). I'd do the same thing if I was in his position. Michelle is 51 years old and was born on February 1971. Roman's brother, Frank, and Joe's fourteen-year-old brother, Venancio, were also present. They were forced to perform oral sex. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). They alerted the police and posted fliers, but the girls were not found. WebPete Cantu was born on April 9, 1914. 463rd murderer executed in Texas since 1976. He said he was told repeatedly by Peter Cantu to "get some". Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. denied, 501 U.S. 1259, 111 S.Ct. The families also watched the executions of Jose Medellin and Derrick O'Brian in 2008 and 2006. Proc. Cantu argues that the latter standard in Neal is too onerous; however, he made no such argument to the district court in his habeas petition. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: [THE STATE:] And did they talk about having anal intercourse with the girls in front of [appellant]? He was friendly and never met a stranger. If they hung all five of them, that would be a deterrent. Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. All of the boys then took turns stomping on both girls' necks to make sure they were dead. Therefore, if he asserts that any evidence presented during the guilt/innocence phase constitutes inadmissible victim impact evidence, he has not preserved that complaint for appellate review. The totality of appellant's argument and authorities is as follows: Pedro Cantu. at 49. Appellant argues, in essence, that the prosecutor misstated the law. Five French citizens were arrested at the Bexar County Courthouse after a silent alarm alerted authorities at about 1 a.m. that someone was using one of the historic building's fire escapes. 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. ] (emphasis added). The district court determined that this conclusion was not an unreasonable application of federal law. 2009). Proc. In instances where mitigating evidence is presented, all that is constitutionally required is a vehicle by which the jury can consider and give effect to the mitigating evidence relevant to a defendant's background, character, or the circumstances of the crime. Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. The price of the Beefy Crunch Burrito had gone up from 99 cents to $1.49 and. We have previously addressed and rejected this contention. ), cert. They had spent the evening drinking beer and then "jumping in" Raul. Points of error one through four are overruled.FN3. Extraneous victim impact evidence, if anything, is more prejudicial than the non-extraneous victim impact evidence found by this Court to be inadmissible in Smith, supra. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. Article 37.071 2(h). Notwithstanding this, we hold that evidence concerning the sexual assault, robbery, and murder of Pena is admissible at guilt/innocence as same transaction contextual evidence to impart to the trier of fact information essential to understanding the context and circumstances of the offense. When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". 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. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. After reviewing the district court's thoughtful consideration of the issue, we cannot say that reasonable jurists would disagree with its determination that the state court's conclusion was a reasonable application of federal law. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. All of his subsequent appeals in state and federal court were denied. Because we have this procedure set up, do we kill our children? Garcia v. State, 887 S.W.2d 846, 859 (Tex.Crim.App.1994), cert. However, enough tissue did exist for the medical examiner to determine that the girls had died of a trauma to the neck which was consistent with strangulation. Point of error forty-five is overruled. Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. In point of error nine, appellant complains that the trial court committed reversible error in failing to grant a mistrial following improper argument by the State. Jose Medellin was executed in August 2008. At this point, the Sandoval brothers decided that it was time to leave. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. 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. 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 sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed.
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