2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). A little knowledge of routine vehicle maintenance may have kept. The sixth was convicted as a juvenile and is serving a 40-year prison term. The victims' families attended the execution, but no one attended on his behalf. Cantu was the final of three men condemned to die for the murders. 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.). 381, 121 L.Ed.2d 292 (1992); Teague v. State, 864 S.W.2d 505, 519 (Tex.Crim.App.1993); Adanandus v. State, 866 S.W.2d 210, 234 (Tex.Crim.App.1993), cert. 284, 126 L.Ed.2d 234 (1993). In response to her friend's cries, Jennifer ran back to help, but appellant grabbed her and dragged her down the hill as well. Proc. Instagram Contact Us Check out some new shirts! denied, 513 U.S. 1157, 115 S.Ct. Peter Cantu is not an animal. 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. Michelle is 51 years old and was born on February 1971. 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. Spence v. State, 795 S.W.2d 743, 759 (Tex.Crim.App.1990), cert. Points of error one through four are overruled.FN3. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. 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. Appellant then requested and received an instruction to the jury to disregard the comment. For the following reasons, we decline to issue a COA on any of those issues. In support of his argument, appellant cites this Court to Tison, supra, and Enmund v. Florida, 458 U.S. 782, 102 S.Ct. After the assault, the gang took the girls into the woods and strangled them. 433, 130 L.Ed.2d 345 (1994). 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. We conclude that reasonable jurists would not disagree on this matter. 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. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. 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. She had been stabbed and slashed in the abdomen, throat and back and strangled. To the extent Cantu's reliance on his first statement requires disbelieving his second statement in which he admitted to the killings, he failed to produce significant evidence calling the legitimacy of his second statement into question: he showed no constitutional or statutory violation in the taking of the statement, and he offered no trial testimony challenging the accuracy of his second statement. "Theres no way to ever get closure from this. The indictment or information shall be read to the jury by the attorney prosecuting. For the past year, he worked in Central Texas at KCBD's sister station KWTX. For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses. To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. Some of the girls' jewelry was recovered from his bedroom. Joe Cantu had watched the group divide the girls small amount of cash and meager possessions and listened to them laugh and brag about the assaults. BSCO is seeking any information on the two suspects shown in the video. In his sixth point of error, appellant contends that the trial court erred in admitting the hearsay statements of appellant's co-defendants who incriminated him. Wasn't no pain. Because we have this procedure set up, do we kill our children? Pursuant to Tex. 2/3/94 -- A jury found Cantu guilty of capital murder. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. Texas Metal Season 3: Release Date, Cast, Renewed or Canceled? The girls were still being raped when Cantu whispered to Venancio, "We're going to have to kill them.". The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. Manager of the Year: Pete Cantu - YouTube Appellant's failure to request a special verdict form at trial bars him from now complaining on appeal under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), since no egregious harm to appellant has been shown. These girls went through an awful lot of pain when they died," said Adolfo Pena, father of Elizabeth. That's what they're doing; they're arguing nothing. The absence of an explicit assignment of the burden of proof does not render Article 37.071 2(e) unconstitutional. Capital One Plaza 5718 Westheimer, Suite 1750 701 Brazos, Suite 1500 Houston, Texas 77057 Austin, Texas 78701 Counsel for Defendant [D/Guerra, L.P. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. 1676, 95 L.Ed.2d 127 (1987). * * * Therefore, we hold the first prong is met as to each offense. Tex. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. Both of these claims are governed by the familiar Strickland standard. The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. ; 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). 2187, 129 L.Ed.2d 133 (1994), to the circumstances in this case. denied, 492 U.S. 912, 109 S.Ct. Family and friends are coming together online to create a special keepsake. Texas Metal Season 3: Premiere Date, Cast, Trailer, Host & News. To meet the first required showing, Cantu must demonstrate that his counsel's representation was unreasonable as determined by prevailing professional norms in light of the case's facts as viewed at the time of counsel's conduct and in light of our strong presumption that counsel rendered adequate assistance. 6:00pm I was escorted along with four other media witnesses. 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. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. Viva Cristo Rey! 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. After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. * * * 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. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. 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. Known meat thief nabbed for H-E-B steak heist, South Texans want to know who's behind the 'Booty Patrol' truck, 'Naked and Afraid' lets San Antonio mom show off survival skills, Costco to open first $15M store in Central Texas this March, Former Boerne QB investigated for allegedly sharing XFL plays, Rooftop bar Cowboys and Cadillacs to grace downtown New Braunfels, Video shows drunk driver try to flee crash that killed Texas cop, PHOTOS: Massive alligator spooks locals along a South Texas road, S.A. woman: Thieves took selfie with stolen phone while eating food paid for with stolen card, SAPD: Man with outline of Texas tattooed on head asked permission before robbing house, Police: Man rammed car into Dollar General, stole Budweiser, Police: Deputy arrested for DWI ordered burger, fell asleep, Man accused of making threats with sword faces more charges, Courthouse high drama actually just high jinks, Police: Woman stole more than $6,000 in sausage, Police: Security guard swipes $13K from business he was hired to protect, Police: Man who robbed same store four times in one night nabbed on fifth attempt, San Antonio carjacking suspects couldn't figure out push-button ignition, Residents curious about 'U.S. In related point of error twenty-four, appellant claims that the trial court erred in not including in the punishment charge special verdict forms listing the elements of each unadjudicated offense admitted by the State. Point of error thirty-two is overruled. 2253(c), Cantu now seeks from this court a certificate of appealability. Section 2(f)(4) stated: FN2. Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. Fourteen-year-old Venancio watched as the others raped both girls until Cantu told him that he should get some. The girls were still being raped when Cantu whispered to Venancio, Were going to have to kill them. When everyone was finished, Cantu told them to take the girls into the woods where they proceeded to strangle them. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . Building Materials. After Raul fought all of the members, he was welcomed into the gang. 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. The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. One of the boys boasted of having 'virgin blood' on him. The murder of the two girls, both students at Waltrip High School, became one of the most notorious crimes in modern Houston history. Thus, this evidence is admissible under Texas Criminal Evidence Rule 401. Later Cantu and his accomplices were said to have joked about the brutal killings. However, this holding was subsequently rejected by the Seventh Circuit. "I think whatever they did, no matter how much there is, they should stand trial for every single thing." 13 of the Texas Constitution. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital. 2/23/98 --- Cantu filed an application for state writ of habeas corpus. Pedro Cant Guzmn - Ancestry.com As their midnight curfew approached, they discussed the fastest route to Pena's home. denied, 501 U.S. 1259, 111 S.Ct. Both this Court in Hughes, 897 S.W.2d at 294, and the United States Supreme Court in Pulley v. Harris, 465 U.S. 37, 104 S.Ct. Education: GED 52(a). 2658, 125 L.Ed.2d 290 (1993). 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. denied, 510 U.S. 997, 114 S.Ct. 1997). As stated in the previous point, neither the state nor federal constitution requires that certain evidence be labeled as mitigating, nor does it require what weight, if any, should be given to evidence that is found to be mitigating. Appellant further remarks that this Court has said that it can and should interpret the Texas Constitution in a more expansive manner than the federal constitution and cites us to several cases for this proposition. He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. She testified that appellant was friendly to her and never mistreated or was disrespectful to her. The Supreme Court has also expressed approval of this method of instructing the jury concerning the consideration of mitigating evidence. Spare his life, please, ladies and gentlemen of the jury. Pete Cantu. 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. According to the police, after beating a woman and attempting to steal her car on the city's West Side on Feb. 18, 2015, three suspects could not figure out the vehicle's push-button ignition. Sheet Metal Worker. Pete Cantu, Texas (108 matches): Phone Number, Email, Address (2) - Spokeo Texas Rule of Criminal Evidence 610(b) provides: a witness may be cross-examined on any matter relevant to any issue in the case, including credibility. The trial court has discretion as to the extent of cross-examination of a witness for the showing of bias or as to credibility, and its decision is not subject to reversal on appeal absent a clear abuse of discretion. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). Appellant also gave two confessions. Pete Cantu Alyssa Cantu John Alexander, 62 John Alexander, 88. has lived in . The state court concluded that Cantu's counsel's performance was not deficient because the prosecution's statements were proper under Texas law and did not inject new or harmful facts into the trial in light of the record as a whole. His second requested charge is also a misstatement of the law in that Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. RESPONSE SUMMARY JUDGMENT MTN March 30, 2010 | Trellis 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. Here's a Rundown of Each Team Competing in STREET OUTLAWS - Discovery See also Green, supra. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. 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? Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. 1087, 84 L.Ed.2d 53 (1985), the United States Supreme Court recognized that due process requires that a defendant have access to the raw materials integral to the building of an effective defense. 19.03(a)(2). Mental or physical incapacity caused by intoxication means that the defendant's mental capacity was so disturbed from the introduction of a substance into his body that the defendant either did not know that his conduct was wrong or was incapable of conforming his conduct to the requirements [sic] of the law he allegedly violated. Eventually, all of the individuals who participated in the gang rape and murder were arrested and most of the jewelry was recovered, including some from Cantus bedroom. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Appellant cites no authority for why he should have been entitled to such an instruction. Thus, we deny a COA on this final issue. The police were sent to the scene and searched the park without finding anything. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. denied, 506 U.S. 999, 113 S.Ct. FN3. Pete Cantu Profiles | Facebook 81(b)(2). The class is further limited in that the death penalty cannot be imposed on an individual convicted of capital murder unless the jury answers the special issues in the manner described in Article 37.071, Section 1, Code of Criminal Procedure. denied, 510 U.S. 1215, 114 S.Ct. Peter Anthony Cantu, 35, was executed by lethal injection on 17 August 2010 in Huntsville, Texas for the rape and murder of two teenage girls. 2052, and, notably, the mere possibility of a different outcome is not sufficient to prevail on [this] prong, Crane v. Johnson, 178 F.3d 309, 312 (5th Cir.1999). They were kicked, teeth knocked out and hair pulled out and ribs broken. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. In Memory of Peter Cantu At Cantu's trial, immediately before the sentence was pronounced, Judge Bill Harmon allowed Jennifer's father, Randy Ertman, to speak directly to Cantu. In fact, death row rules were changed to allow families to watch executions because of this case. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. 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. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. [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. 37.071, 2(e)(1) (1991). Director 2 Credits. 84 Lumber Store Manager Pete Cantu in Lubbock, Texas, was awarded Manager of the Year at a ceremony Friday March 10, 2017. 2052. A clemency must be granted to Peter Cantu. At the guilt/innocence phase of the instant case, the jury was specifically charged that they could not find appellant guilty of capital murder unless he intentionally murdered the victim or intentionally assisted in the commission of the murder and the aggravating offense. Tex.R.App. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . "Two beautiful young girls," Goode says. Known for Texas Metal 7.1 TV Series Self - Owner, '96 Impala SS (as Pedro 'Pete' Canti) 2021 1 ep Credits IMDbPro Self Previous 1 Texas Metal Self - Owner, '96 Impala SS (as Pedro 'Pete' Canti) TV Series 2021 1 episode Personal details Alternative name Pedro 'Pete' Canti Contribute to this page Suggest an edit or add missing content We discern no harm to appellant in the present case by the trial court's statement that appellant had entered a plea of not guilty, and appellant has shown us none. In lieu of flowers, donations can be made to the Texas Scottish Rite Hospital for Children or the charity of your choice. Johnson, supra, at 135. Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. 2187) (omission and alterations in original). She bought the beer and went with the group, unwittingly heading to her death. Pete T. Cantu Obituary (1980 - 2022) | Orange Grove, Texas - Echovita denied, 507 U.S. 975, 113 S.Ct. However, no such evidence exists. Appellant then parceled out jewelry and money he had taken from the girls. In his petition for COA, Cantu argues that admitting the photographs violated due process-and, therefore, his counsel was ineffective-because the prejudicial effect of the photos greatly outweighed their probative value. A 14-year-old attacker was given a 40-year sentence. When they tested evidence, O'Brien's fingerprints were matched to some found on a beer can under Patricia's body at the murder scene. Medellin said that they "had fun" and that their activities would be seen on the TV news. John Cantu Sr. | Obituaries | victoriaadvocate.com 22 posts. Resides in Laredo, TX. Citations: Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. What Happened to Heath From 'Texas Metal'? Is Heath Moore on TV? 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. denied, 510 U.S. 905, 114 S.Ct. 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. Pedro "Pete" Cantu, Jr. passed away at 7:00 a.m. on Tuesday, March 19, 2019, at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his loving family. Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony "He has matured remarkably," said Robin Norris, his appeals lawyer. 9/19/07 -- Cantu filed his federal habeas corpus petition in a Houston U.S. district court. Mines v. State, 888 S.W.2d 816 (Tex.Crim.App.1994), cert. 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. How they were mutilated, brutalized for perhaps as much as an hour. 2954, 57 L.Ed.2d 973 (1978). 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. (AP August 17, 2010). See Peltier v. State, 626 S.W.2d 30 (Tex.Crim.App.1981); Ex parte Sewell, 742 S.W.2d 393 (Tex.Crim.App.1987); Essary v. State, 53 Tex.Crim. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. They said they would buy her some gas and get her on the road again if she did. Sign Up. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. Derrick Sean O'Brien was executed in July 2006. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. They were friends who attended the same high school in Houston, Texas, Waltrip High School. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn This murder was unsolved until after O'Brien was arrested for the murder of Jennifer Ertman and Elizabeth Pena. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: * that appellant attacked a sixth grade teacher; They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. Pete Cantu. Our concern is that the indigent defendant have access to a competent psychiatrist for the purpose we have discussed, and as in the case of the provision of counsel we leave to the State the decision on how to implement this right. Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal Jester Park in Houston to participate in a gang initiation ritual. 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. As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. Four of the other assailants were also convicted of capital murder and sentenced to death.
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