Do you think that if Mr. Ertman or Mr. Pena or Mrs. Ertman or Mrs. Pena had come on up on the scene and said to Peter and his gang don't kill that child, don't kill that child, would he have listened? Id. For more information about Border Patrol's Head of the Class Program or Youth of the Year Scholarship, please contact Supervisory Border Patrol Agent Pete Cantu at 956-289-5686. . [WITNESS:] [Appellant], Joe, Junior and Raul. your email below for our complimentary daily grief messages. 55 (5th Cir. See Photos. He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. However, we have previously held to the contrary, finding no significance in the difference between the Eighth Amendment's cruel and unusual phrasing and the cruel or unusual phrasing of Art. Points of error twenty-five through twenty-seven are overruled. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. [THE STATE:] And what would he say about that? 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. The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. 381, 121 L.Ed.2d 292 (1992). 1860, 100 L.Ed.2d 384 (1988), which is precisely the case appellant uses as his authority. The price of the Beefy Crunch Burrito had gone up from 99 cents to $1.49 and. Patricia, a 27-year-old mother of two young children, had run out of gas and was stranded on the side of the freeway on her way home from a football game. Cantu declined requests for interviews prior to his execution. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). And 17 years later he died not soon enough. In his fifth point of error, appellant complains that the trial court erred in overruling his objection to the prosecutor's argument that the jury had to find a nexus between the defense evidence and the crime before they could consider it mitigating. 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. Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. The record shows appellant never objected to the Court's stating his plea before the jury instead of by himself or by his counsel. Thus, reasonable jurists would not disagree with the district court's determination that the state court's conclusion was not an unreasonable application of federal law. In related point twenty-three, he further alleges that the trial court's charge on unadjudicated offenses requires reversal because there is no way for this Court to meaningfully review the sufficiency of the evidence. 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 police were sent to the scene and searched the park without finding anything. This is a carousel. Peter Anthony Cantu Executed for Jennifer Ertman and - CBS News Santikos, supra; Dinkins v. State, 894 S.W.2d 330, 340 (Tex.Crim.App.1995), cert. said Gloria Rubac, a death penalty abolitionist. 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 original sound - Pete Cantu. ; 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). denied, 516 U.S. 1021, 116 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? See Article 36.15; Tex.R.App. Background: Following affirmance of his conviction for capital murder and his death sentence, 939 S.W.2d 627, state inmate filed petition for writ of habeas corpus. A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S.Ct. Michael A. Cantu - KCBD Cantu had left his wallet at . However, no such evidence exists. 2052. Funeral services for Mr. Pedro Pete Cantu were held on Monday, February 3rd at 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. Finally, Cantu robbed Ertman of her rings, necklaces, and cash. The district court, as did the state court, placed Cantu's first statement into the context of all the record evidence and determined that a rational jury would not have concluded that Cantu was guilty only of the lesser-included offenses. Furthermore, any error, assuming there was error, was harmless. Id. Cantu jumped out of the car and continued to run on foot, Hughes said. Here, the district court explained, the prosecution introduced the photographs while doing just that-describing the condition of the corpses, explaining the process of identifying the bodies, and verifying the statements made by Cantu and others. 433, 130 L.Ed.2d 345 (1994). A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. The charge given was as follows: Id. Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. In 1946, Pete initially started as a messenger boy for Western Union. "Texas executes gang member for murder of 2 girls," by Michael Graczyk. Log in or sign up for Facebook to connect with friends, family and people you know. "Its good that they wont be forgotten," Frausto said. The third man was given 40 years in prison and is eligible for parole. 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. Tex.R.App. 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. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. * that appellant created problems in school by fighting and cursing; See Photos. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993.The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers. WOMACK, J., concurs in the result on points of error five and eight and joins in the remainder of the opinion. 2630, 2639, 129 L.Ed.2d 750 (1994). denied, 510 U.S. 997, 114 S.Ct. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. They have also lived in Marion, TX. Cantu was described as the leader of small gang known as the Black and Whites. "At least some of the scumbags are dead. OBrien was executed in 2006 and Medellin in 2008. or. Thus, the Supreme Court held: [I]f the State chooses to permit the admission of victim impact evidence and prosecutorial argument on that subject, the Eighth Amendment erects no per se bar. See Heitman, supra. Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). . 284, 126 L.Ed.2d 234 (1993). He went back and forth between his brother and Cantu, urging them to leave, but Cantu told him that he should "get some", so he joined in on raping Ertman. Before moving to Central Texas, Michael worked as a digital content producer and later flourished into a news reporter at KCBD NewsChannel 11. One of the boys boasted of having 'virgin blood' on him. (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; and Burial will follow at El Coyote Cemetery in Orange Grove, TX. Now, Cantu seeks a COA on five of the issues he raised below. Visit Website. 385, 133 L.Ed.2d 307 (1995); Broxton v. State, 909 S.W.2d 912 (Tex.Crim.App.1995); Sonnier v. State, 913 S.W.2d 511 (Tex.Crim.App.1995). The murder of the two girls, both students at Waltrip High School, became one of the most notorious crimes in modern Houston history. "Just a bad, bad case.". Appellant did not object to the inclusion of this instruction in the charge. See Photos. 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. Some of the girls' jewelry was recovered from his bedroom. ), cert. Obituary for Pete T. Cantu | Holmgreen Mortuary As we do not find the prosecutor's argument to be manifestly prejudicial or improper, we need not address appellant's contention that the nexus requirement is no longer valid given the enactment of Article 37.071, Section 2(e). 16th murderer executed in Texas in 2010 Cantu allegedly bragged to friends and family about being the ringleader of the incident, and he paid for it with his life. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App.1997). In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. This we decline to do. In points of error one and two, appellant complains that the trial court erred in overruling his challenge to the Texas death penalty scheme. See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. $26.50 paid to City of San Antonio, Texas, Description: 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. They decided to follow the railroad tracks that passed by T.C. We have previously addressed and rejected this contention. STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. Specifically, appellant requested the following instructions: 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. Point four likewise claims reversible error in denying him the right to question prospective jurors about their ability to consider the 35-year minimum calendar years he would have to serve on a life sentence before becoming parole eligible. at 826-28, 111 S.Ct. Tuesday he paid for it with his life. 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. Second, given the extent of the other evidence supporting Cantu's conviction, reasonable jurists would not disagree with the district court's determination that Cantu has not shown that he was prejudiced by his counsel's failure to raise a due process objection. Twelve of the fastest street racing teams in America are taking to a secret road in Wyoming to compete for $300,000 and a chance to call themselves the fastest in America. ] (Emphasis added.). Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. 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). Members of the gang, including Cantu, then began a vicious sexual assault of the girls. See Sonnier, supra. We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert. 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). The Ertmans and Penas, again with Kahan's assistance, were also instrumental in getting Texas law changed so that victims' relatives are permitted to witness the executions of their loved ones' killers. I, Sec. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. ** 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: At T.C. She screamed. Hell, no.". Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. Dinkins v. State, 894 S.W.2d 330, 356 (Tex.Crim.App. Infamous Houston Murders Still Shock After Decades | Houston Press A memorial for them was also placed at T.C. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. Eye Color: Brown Look up Pete Cantu's phone number, home address, email address, and other personal information. [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. Cantu did not make a final statement. View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas FN10. The group then headed towards some nearby railroad tracks. And, finally, in point twenty-seven, appellant alleges that the scheme is unconstitutional as applied in that the future dangerousness issue does not encompass consideration of the act or conduct that formed the basis of conviction in any meaningful or standardized manner. Appellant combines all three of these points into one argument in which he basically alleges that the special issues do nothing to insure that the sentencer's decision was not an act of unbridled discretion.. Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Peter Cantu's execution set for tonight - ABC13 Houston The same objection was lodged with regard to the testimony of Joe Cantu. Choose one of our three Metal Depot locations in Southeast Texas for all of . We disagree. 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. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). 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. He objected that this evidence was not relevant to the special issues and was more prejudicial than probative. denied, 516 U.S. 832, 116 S.Ct. Pete T. Cantu Obituary Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. While he generally discusses each special issue, he never argues or provides authority as to why this makes the statute's operation unconstitutional as applied to him. The admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. Pleasanton Express Staff Appellant's thirty-ninth and fortieth points of error are overruled. Appellant, Peter Anthony Cantu, was charged by indictment with the offense of capital murder for killing Jennifer Ertman in the course of committing or attempting to commit robbery, kidnapping and aggravated sexual assault. Keller and Womack, JJ., concurred in part, and concurred in result in part. FN3. Hence, any error will only be reversible if it was so egregious and created such harm that appellant did not have a fair and impartial trial. Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal D rop Shop About Us We specialize in one off custom cars and trucks. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. The court shall charge the jury that in answering the issue submitted under Subsection (e) of this article, the jury: pete cantu texas metal ), cert. Contractors DirectoryInformation on every contractor in United States. The second special issue submitted to the jury and of which appellant now complains reads in pertinent part as follows: "Put it this way: I wish my daughter could have died the way he died today. The totality of appellant's argument and authorities is as follows: A visitation will be held from 10:00 AM to 11:00 AM with a Holy Rosary to be recited at 11:00 AM on Monday, February 21, 2022 at Holmgreen Mortuary, 2061 E. Main St., Alice, TX. By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. 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. Point of error eight is overruled. Moore v. State, supra at 128, 128-09). Tex.R.App. 1115, 130 L.Ed.2d 1079 (1995); McFarland, supra. We therefore deny a COA on this issue. * * *. The suggestion, given the context in which it was made, cannot be characterized as a misstatement of the law, even assuming, arguendo, appellant's assertion on this point is correct. Occupation: Laborer Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa 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. FN1. The series chronicles around Bill Carlton and his crew who have dozens of fans won thousands of awards and always fulfil customer's demands. Look at the evidence. BCSO spokesman Roseanne Hughes said deputies were serving a warrant in the area and noticed the BMW speeding away from the scene. Anderson v. State, supra, at 509-10. 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. We noted, in Gaddis, supra, that counsel is allowed wide latitude in drawing inferences from the evidence so long as the inferences drawn are reasonable and offered in good faith. THE COURT: Overruled. pete cantu texas metal. During this arraignment, the State read the indictment, and the court asked appellant how he pled. Every memory left on the online obituary will be automatically included in the book. denied, 511 U.S. 1100, 114 S.Ct. Ertman tried to help. Pete Cantu - Lubbock, Texas, United States | Professional Profile C. Texas's Mitigating Evidence Instruction. Medellin's DNA matched semen samples taken from Patricia's body. The victims' families attended the execution, but no one attended on his behalf. They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. He married. ", Maria Frausto said she often says a small prayer when she jogs past the memorial. "Parents always worry about their kids, especially their daughters.". 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. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews denied, 510 U.S. 905, 114 S.Ct. As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. 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. Point of error forty-five is overruled. 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. Gender: Male Pete Cantu, 82. Garcia v. State, 887 S.W.2d 846, 859 (Tex.Crim.App.1994), cert. In Texas, low oil prices have flatlined the growth in some fortunes, like that of San Antonio natural gas tycoon Rod Lewis . 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. 22 posts. Appellant was subsequently convicted of capital murder in February of *631 1994.FN1 Tex. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. Appellant's argument in effect is that a jury should be instructed to consider only mitigating evidence when addressing this special issue. See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). Appellant then parceled out jewelry and money he had taken from the girls. Race: White Rule App. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. We have already addressed this issue and decided it adversely to appellant's position. It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. Accordingly, I continue to dissent to the majority's continued analysis of this issue and treatment of points one through four, but concur in the result. 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, we reaffirmed the original holding on appeal. 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. At age 11, he got caught stealing a bike from a younger boy. See Free v. Peters, 19 F.3d 389 (7th Cir. denied, 510 U.S. 1215, 114 S.Ct. Peter Cantu confessed to the murders at the time of his arrest. Id. Article 36.01, which governs the order of proceeding in trial, states in pertinent part: On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. Proc. Petitioner filed application for certificate of appealability (COA). Tuesday, August 10, 2010 If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court. 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. 2009). at 2608. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . denied, 512 U.S. 1246, 114 S.Ct. The danger of unfair prejudice to a defendant inherent in the introduction of victim impact evidence with respect to a victim not named in the indictment on which he is being tried is unacceptably high. [WITNESS:] I did that. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. Evidence of the mental or physical incapacity of the defendant caused by voluntary intoxication may be introduced by the defendant in mitigation of the penalty attached to the offense for which he is being tried. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. When the attackers were finished, the girls were taken deeper into the woods where, at Cantus urging, they were beaten, strangled and stomped to death. We likewise decline to undertake such a review in the instant case. Patrick Myatt . Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. Next, the older boys raped the two girls for about an hour while Venancio watched. 2253(c)(2). No additional information for Cantu Roofing yet. These factors are also helpful in this Court's evaluation of this question. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. The families also watched the executions of Jose Medellin and Derrick O'Brian in 2008 and 2006. 155, 130 L.Ed.2d 94 (1994): Banda v. State, 890 S.W.2d 42, 54 (Tex.Crim.App.1994), cert. 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. Focus for the victims' families now turns to the remaining three killers. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994).
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