ADDITIONAL LINKS (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; and 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. We note initially that Article 37.071 does not objectively define mitigating evidence, leaving all such resolutions to the subjective standards of the jury. He gave no final statement and showed no remorse for his acts. The gist of the State's argument is the defense did not have any evidence in its favor, which is a proper response to defense counsel's just-completed argument that the evidence was insufficient to convict appellant of capital murder. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital. If they hung all five of them, that would be a deterrent. 106, 133 L.Ed.2d 59 (1995); McBride v. State, 862 S.W.2d 600, 610-11 (Tex.Crim.App.1993), cert. Santikos v. State, 836 S.W.2d 631 (Tex.Crim.App. She had been stabbed and slashed in the abdomen, throat and back and strangled. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. After they finished laughing and stuff, and I said-I don't remember who said it but one of them asked, I think it was my husband, I'm not sure, said, well, what happened to them, and they said, we had to kill them. In contrast, in Smith v. State, 919 S.W.2d 96 (Tex.Crim.App.1996) (plurality op. Four of the other assailants that night were also convicted of capital murder and sentenced to death. Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. He had assaulted fellow students and a teacher, been kicked out of his regular school, and threatened security personnel at the alternative school to which he had been sent. It was traced to the home of the brother of one of the men later sentenced to death for these murders. 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. The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Cantu showed little emotion at his conviction and death sentence and had no reaction when Randy Ertman, Jennifers father, was allowed to make a victim impact statement at the end of the trial. A tip led authorities to the bodies. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. Please submit missing details you may have. ] (Emphasis added.). The special pleas, if any, shall be read by the defendant's counsel, and if the plea of not guilty is also relied upon, it shall also be stated. These girls went through an awful lot of pain when they died," said Adolfo Pena, father of Elizabeth. He was frustrated that he had been the one who was unable to fight Raul. ), cert. During this arraignment, the State read the indictment, and the court asked appellant how he pled. Specifically, Cantu challenges the trial court's preventing him from informing the jury that, based on Texas law at the time, he would be eligible for parole in thirty-five years were he sentenced to life in prison as opposed to death. 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 Sheriffs Office. Even more than a decade later, the mention of their last names could generate disgust and fear, with many people remembering the vivid and gruesome details of the girls assault and death in the dark woods by White Oak Bayou. Pete will be remembered for his infectious laugh and loving personality. In lieu of flowers, donations can be made to the Texas Scottish Rite Hospital for Children or the charity of your choice. | Nor does he argue that the charge given was inappropriate, only that it was incomplete. 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. Specifically, he alleges that denying jurors the knowledge that appellant would have to serve at least 35 years in prison before becoming eligible for parole if sentenced to life in prison results in the arbitrary imposition of the death penalty in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 10, 13, and 19 of the Texas Constitution. The United States District Court for the Southern District of Texas, 2009 WL 275172, denied petition. Appellant also gave two confessions. "How can you forget something like this? He told Venancio to stay behind, saying he was "too little to watch." The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. Especially the white chick, she looked good, huh, Junior? (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). 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. I also dissent to the discussion of points one through four involving not allowing the jury to be informed that if sentenced to life appellant was statutorily mandatorily required to serve 35 years in prison before becoming eligible for parole. See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). When the jury was brought back in, the State again asked if the witness thought the killing of the two girls was funny. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. Point of error forty-one is overruled. No additional information for Cantu Roofing yet. * * *. See Photos. During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. The group then headed towards some nearby railroad tracks. The boys then ran after the girls and grabbed them. The state court concluded that Cantu's counsel was not ineffective because admitting the evidence did not violate due process. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Point of error nine is overruled. Citations: Affirmed. Dec.13, 2006). (plurality op. Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. They decided to take a shortcut across the railroad tracks. Here's a full rundown of the teams, drivers, and their cars. denied, 506 U.S. 999, 113 S.Ct. 315 followers. We do note that on the penultimate page of his brief, appellant refers to the term, continuing threat to society. This Court has repeatedly rejected the contention that terms such as this must be defined in the charge. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu. * * * In his twenty-fifth point of error, appellant complains that the death penalty statute is unconstitutional as applied to him in that it failed to narrow the sentencer's discretion as a result of the deletion of the deliberateness issue. 13 of the Texas Constitution. In determining whether jury argument is extreme or manifestly improper, we look at the entire record of final arguments to determine if there was a willful and calculated effort on the part of the State to deprive appellant of a fair and impartial trial. FN10. 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. Nelson, supra, at 498. Man arrested after police say he stole vehicle of deputy who was chasing him on foot, More than 21K CPS Energy customers lose power due to storms, Texas mom accused of killing her children has history of violence, Pedro Cantu III booking photo from Guadalupe Co. Ertman will stand a few feet away, watching again through the window. ", Randy and Sandra Ertman did not speak to the press. "They are still in our hearts and prayers.". The record shows appellant never objected to the Court's stating his plea before the jury instead of by himself or by his counsel. "Its good that they wont be forgotten," Frausto said. 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. Point of error forty-three is overruled. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. * * * 463rd murderer executed in Texas since 1976. We will not revisit the issue here. pete cantu texas metal. 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. Rousseau, 855 S.W.2d at 686-87; Felder, 848 S.W.2d at 101; Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. FN9. Work history: Acw Specialties Sheet Metal Worker. 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. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. Roman told Cantu that he did not rape or kill girls. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. Patrick Myatt . 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. Seventeen years is a long time to have something eating on you like that. Description: 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). Randy commandeered the news van and went to the scene that was now bustling with police activity. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. Eight minutes later, he was dead. I dont believe anybody ever in their lifetime is going to forget this. Pete Cantu. Three of the animals who did this are gone, but you know it doesn't really make you feel any better," Pena said. Cantu appeared happy and amused by the conversation and readily agreed with the recollection of events. See Johnson v. Puckett, 930 F.2d 445, 448 (5th Cir.1991) (We have repeatedly held that a contention not raised by a habeas petitioner in the district court cannot be considered for the first time on appeal from that court's denial of habeas relief.). [WITNESS:] At that time [appellant] walked in, and when he walked in they were still talking about it, and [appellant] didn't say he did anything except he just kept agreeing with it. 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. See Article 36.15; Tex.R.App. However, his request for a mistrial was thereafter denied. On June 24, 1993, the girls spent the day together and then died together. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). Furthermore, the father, who came upon the bloody scene after the perpetrators had fled, testified about how he had been affected by his son's death and about how he felt sorry for his daughters now. In support of his argument, appellant explains that prior to trial, he filed a Motion to Provide Funds for Expert Assistance-Jury Study. By his motion, appellant proposed that the trial court should provide him funds with which he could hire a scholar who would study a sample of jurors and their understanding of the special punishment issues. The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. When Jennifer and Elizabeth failed to come home that night, the Ertman and Pena families began searching for them. 12/1/97 -- The U.S. Supreme Court denied Cantus petition for certiorari review. 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. This scheme does not create the paradoxical commands of concern to Justice Blackmun. Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. Pete Cantu in Texas(TX) found with records in 36 cities. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. (Habeas). "I had no idea they would be coming to this." The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. 2. 1997). 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. We decline to do so. Because our analysis involves a review of the district court's resolution of Cantu's constitutional claims, we must take account of the deferential lens through which the district court evaluated those claims. 1978, 131 L.Ed.2d 866 (1995). 2726, 33 L.Ed.2d 346 (1972). When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. (internal quotation marks omitted). Open it up, look at it. 2597, 115 L.Ed.2d 720 (1991). Enter See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). 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 The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. 2909, 49 L.Ed.2d 859 (1976), that as long as the class of murderers subject to capital punishment is narrowed, there is no constitutional infirmity in a procedure that allows a jury to recommend mercy based on the mitigating evidence introduced by a defendant. The failure to assign a burden of proof on the mitigation issue (or to place the burden on the defendant) does not render the scheme unconstitutional. Today you all came out on TV again and it said that their parents are trying to do everything they can to give you all the death penalty, even Yuni, but I don't think so because that's when we go out and take our asses on strike. 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. Pete Cantu was a candidate for the Place 6 seat on the Donna Independent School District school board in Texas.Cantu was defeated in the by-district general election on November 8, 2016.. Just prior to that statement, the prosecution set up its argument by asserting that [t]he State has brought to you a lot of evidence to show you what this defendant is like, who he really is. 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. Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. Appellant asked for a running objection as to this line of questioning. Messages run for up to one year and you February 19, 2014. Appellant's thirty-ninth and fortieth points of error are overruled. Extraneous offenses are only a portion of the evidence a jury is allowed to consider. Roofing, Home Builders, Additions, Home Theaters, General Contractors. Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. 1339, 113 L.Ed.2d 271 (1991). 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. Thus, we deny a COA on this final issue. The district court determined that this conclusion was not an unreasonable application of federal law. The girls were still being raped when Cantu whispered to Venancio, "We're going to have to kill them.". 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.
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