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. I'd do the same thing if I was in his position. Look up Pete Cantu's phone number, home address, email address, and other personal information. Situando a esta At age 11, he got caught stealing a bike from a younger boy. ), cert. See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. 3230, 106 L.Ed.2d 578 (1989). 2. at 336, 123 S.Ct. 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. Id. FN9. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. Indeed, we have rejected this argument recently. The medical examiner stated that Patricia was probably on her knees in front of her murderer when she was stabbed, based on the angle of the wounds. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. HUNTSVILLE, Texas (AP) Randy Ertman knows the road to the Texas death chamber too well. But I think I will probably sleep a little better. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. In fact, death row rules were changed to allow families to watch executions because of this case. Andrea Gorfolova. Why kill when we know that sometimes we don't get it right?" And, finally, she told the jury about the effect her daughter's death was having on her and the rest of her family. Appellant then parceled out jewelry and money he had taken from the girls. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. Cantu contends that a rational jury could look only at his first written statement-in which he admitted to kidnapping, robbing, and sexually assaulting the girls but omitted any mention of killing them-and convict him of only the lesser-included crimes. 9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. Thank you. Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. While Jenny and Elizabeth were living the last few hours of their lives, Peter Cantu, Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old brother were initiating a new member, Raul Villareal, into their gang, known as the Black and Whites. 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 death row, Cantu, now 35, was classified among the best-behaving inmates. Point of error forty-one is overruled. Cantus execution was the third connected with the case. Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. 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. No, not in the least. (AP August 17, 2010). Retrieved June 3, 2022. 3. the forethought and deliberateness exhibited by the crime's execution; As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital. The witness replied in the negative. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. 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. 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. 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. This time, it will be the lethal injection on Tuesday of Peter Anthony Cantu, the leader of the five young men who were sentenced to die for the June 1993 murders of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena. After the belt broke, the killers used her own shoelaces to finish their job. 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. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa 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. Shaw, a former employee, was caught on camera Sept. 14 taking a pallet of meat with an estimated value of more than $6,400 dollars from the company, 1325 S. Brazos St., according to an arrest warrant affidavit. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. See Seale v. State, 158 Tex.Crim. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. 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. "Put it this way: I wish my daughter could have died the way he died today. Fans of Texas Metal have seen the work of Heath Moore. Point of error forty-four is overruled. By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. ^ D'Alessandro, Anthony (January 22, 2022). 78 and Loop 1604. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. Tuesday, August 10, 2010 586, 130 L.Ed.2d 500 (1994). 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). Failure To Raise A Due Process Objection To Photographs, Cantu's first claim centers on his trial counsel's failure to raise a due process objection to the admissibility of victim and crime-scene photographs that depicted the gruesome results of Cantu's and his cohorts' conduct. 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. Dr. Robert Cantu, chief of neurosurgery at Emerson Hospital in Concord, Mass., and one of the nation's foremost authorities on concussions and brain trauma in youth sports, called the decision to . Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. Garcia v. State, 887 S.W.2d 846, 859 (Tex.Crim.App.1994), cert. Sheet Metal Worker. [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? Cantu Roofing 922 Mildid Ave, San Antonio, TX 78211 Service: Roofing, Home Builders, Additions, Home Theaters, General Contractors Employees: Pedro Cantu (Owner) License: Texas #HR921199 Status: Active City: San Antonio Type: Home Improvement Contractor Verified: Status: Verify Date: February, 2016 Point of error twenty-nine is overruled. For those who so desire you may make memorial contributions in his memory to the charity of your choice. Ayesha Gani. She bought the beer and went with the group, unwittingly heading to her death. Sound rental, Band booking, Guitar and Bass lessons. Description: This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. We held: Peter Cantu was the self-appointed leader of a gang in Houston that met on the night of June 24, 1993, to initiate a new member, Raul Villareal. Appellant alleges that the improper inclusion of the instruction rose to constitutional dimension because it informed the jury to consider evidence of intoxication in mitigation of the crime only if that evidence showed that the intoxication was so extreme as to cause appellant to be temporarily insane. Meanwhile, fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena were visiting a girlfriend. 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. The jury's finding of guilt satisfied Tison and Enmund. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. FN12. (Direct Appeal). ", Maria Frausto said she often says a small prayer when she jogs past the memorial. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. However, appellant was also given the statutorily mandated mitigation instruction of Article 37.071 2(e) which provides the jury with just such a vehicle needed to consider and give effect to evidence such as evidence of intoxication which does not rise to the level of temporary insanity. See also Green, supra. Appellant, along with his co-defendants, brutally raped, strangled, and stomped the two girls to death. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. The vague references to 35 years in questioning the above-discussed witness were certainly not sufficient to inform the jury of the law. 84 Lumber Store Manager Pete Cantu in Lubbock, Texas, was awarded Manager of the Year at a ceremony Friday March 10, 2017. Enter United States v. Branch, 91 F.3d 699, 713 (5th Cir.1996) (in discussing the amount of evidence that is sufficient to require an instruction on self defense, the court considered Beck and other cases addressing lesser-included-offense instructions and stated that it is not enough that an item of evidence viewed alone and unweighed against all the evidence supports the instruction sought by the defendant). Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. 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. 2187) (omission and alterations in original). "He did a horrendous crime to these two girls and he deserved to die. Location: Houston, TX. All of his subsequent appeals in state and federal court were denied. [THE STATE:] And did they talk about having anal intercourse with the girls in front of [appellant]? The indictment or information shall be read to the jury by the attorney prosecuting. In response to the study, a district court judge held that the statute unconstitutionally permitted the arbitrary and unguided imposition of the death penalty. Point of error thirty-four is overruled. Antonio "Tony" Arizola Cantu 74, passed away on Sunday, June 13, 2021, in San Antonio. 869, 71 L.Ed.2d 1 (1982) and Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. Does it rise to that level? ), cert. Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. As their midnight curfew approached, they discussed the fastest route to Pena's home. This Court has held that, when challenging the constitutionality of a statute: In point of error forty-five, appellant claims that his death sentence should be overturned because racial discrimination continues to taint the Texas sentencing scheme in violation of the Eighth Amendment and the Equal Protection Clause of the Fourteenth Amendment. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. denied, 514 U.S. 1117, 115 S.Ct. 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. He asserts that the nexus requirement set out by this Court in cases like Lackey v. State, 819 S.W.2d 111, 135 n. 10 (Tex.Crim.App.1989), Mines v. State, 852 S.W.2d 941 (Tex.Crim.App.1992),FN4 Richardson v. State, 879 S.W.2d 874 (Tex.Crim.App.1993), and Willingham v. State, supra, is no longer valid in light of the post- Penry sentencing scheme.FN5 He conclusorily states that, while a nexus was required under these post- Penry, pre-statute cases, this should no longer be the law in light of the enactment of Article 37.071, Section 2(e).FN6. We decline to do so. "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. [WITNESS:] He just said, I did that, too. 81(b)(2). They decided to take a shortcut across the railroad tracks. Follow. The Mexican-American community was outraged by the death and Torres's family demanded justice. Associated Phone Numbers. Texas Code of Criminal Procedure article 26.05(a) provides that counsel shall be reimbursed for reasonable expenses incurred with prior court approval for purposes of investigation and expert testimony [. Appellant did not object to the inclusion of this instruction in the charge. In related point of error thirty-one, appellant avers that the trial court erred in denying his requested charge informing the jury that he would receive a life sentence should they fail to agree on the answer to any one of the punishment issues. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. Once dead, the girls' bodies were left in the woods, and the gang members proceeded to Cantu's home, where they bragged of their crime to Cantu's brother and sister-in-law. Specific examples of these statements include the following: [from C. Cantu's testimony] 16th murderer executed in Texas in 2010 We would like to offer our sincere support to anyone coping with grief. The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. This guy is more than just a car's outer appearance. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. BCSO spokesman Roseanne Hughes said deputies were serving a warrant in the area and noticed the BMW speeding away from the scene. The district court noted that the prosecution was seeking to counteract Cantu's mitigating evidence by bringing attention to the victims and comparing the legal process by which Cantu might receive a death penalty to the brutality of the murders committed by Cantu. Cantu strangled Pena with shoelaces. 131, 133 L.Ed.2d 80 (1995); Willingham v. State, 897 S.W.2d 351 (Tex.Crim.App. 13 of the Texas Constitution. 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. However, because his last objection was specifically to hearsay, we will address the point on this ground. They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. He did not acknowledge the victims families and he had no personal witnesses attending the execution. 2726, 33 L.Ed.2d 346 (1972). The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Viva Cristo Rey! The murders also forced Houston city officials to treat gangs as a serious crime problem, when they had previously denied that there was a gang problem in the city. 65,334-01, 2006 WL 3692646 (Tex.Crim.App. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. 106, 133 L.Ed.2d 59 (1995). Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. A clemency must be granted to Peter Cantu. denied, 508 U.S. 963, 113 S.Ct. We conclude that reasonable jurists would not disagree on this matter. One of the deputies exited his vehicle and chased after Cantu, who then doubled back to the deputy's vehicle and drove off into Comal County. Appellant asked for a running objection as to this line of questioning. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. Excessive . 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.
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