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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. However, evidence as to her good character, activities she enjoyed and the impact of her on her family is not relevant as appellant was not on trial for her murder and such evidence serves no purpose other than to inflame the jury. Some of the girls' jewelry was recovered from his bedroom. The off-duty deputy, who was charged with driving while intoxicated, had fallen asleep inside the Whataburger before he was found asleep again by a Universal City police officer this time behind the wheel of a running pickup with a cold, open tall boy.Read more: Police: Deputy arrested for DWI ordered burger, fell asleep. The totality of appellant's argument and authorities is as follows: A reading of the record of the cross-examination shows appellant is mistaken: the State's emphasis was on appellant's future dangerousness while in prison. * * *. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. 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). The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. If there is the mitigation, is it sufficient, sufficient to rise to the level that you want to take this man, [appellant], and show him some mercy. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. He told the call taker that the missing girls' bodies could be found near T.C. Elgin, Texas. Section 2(f)(4) stated: "Put it this way: I wish my daughter could have died the way he died today. 596, 111 S.W. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. Fourteen-year-old Venancio watched as the others raped both girls orally, vaginally, and anally until appellant told him that he should get some. The girls were still being raped when appellant whispered to Venancio, We're going to have to kill them. When everyone was finished, appellant told them to take the girls to the woods where they proceeded to strangle them. Proc. He didn't go into details. After police informed Cantu that one of the other participants fully confessed, Cantu gave his second statement, in which he described how both girls were killed. See Photos. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. Medellin said that they "had fun" and that their activities would be seen on the TV news. The same objection was lodged with regard to the testimony of Joe Cantu. Point of error thirty-one is overruled. However, this holding was subsequently rejected by the Seventh Circuit. Fitness Professional Online at Xecute Fit. Jose Gonzalez, 52, was arrested March 2, 2014, when he tried to smuggle a sword cane in Bexar County Jail to visit his son, currently an inmate at the jail. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Roman told Cantu that he did not rape or kill girls. Retrieved June 3, 2022. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. The police traced the 9-1-1 call to Cantu's home. Fans of Texas Metal have seen the work of Heath Moore. 2934, 106 L.Ed.2d 256 (1989). 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. Proc. Thus, this evidence is admissible under Texas Criminal Evidence Rule 401. However, that Court also said that the State need not purchase for an indigent defendant all the assistance that his wealthier counterparts might buy. Id. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. 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. (806) 763-8400. Point of error forty-two is overruled. Three dozen supporters cheered as the families emerged after the execution. 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. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. denied, 513 U.S. 967, 115 S.Ct. 12/1/97 -- The U.S. Supreme Court denied Cantus petition for certiorari review. This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. In lieu of flowers, donations can be made to the Texas Scottish Rite Hospital for Children or the charity of your choice. 946, 952 (5th Cir.2004) (emphasis added); cf. We likewise decline to undertake such a review in the instant case. ), we noted that it has long been the law in Texas that evidence of a deceased's good and peaceful character is not admissible unless and until that character is placed in issue by the defendant. The Mexican-American community was outraged by the death and Torres's family demanded justice. They were forced to perform oral sex. 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. A little knowledge of routine vehicle maintenance may have kept. 78 and Loop 1604. 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). 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. Such victim impact statements, as they are called, are now commonplace. He has a whole business dedicated to handmade car interiors. Rule App. The record reveals that M. Pena was one of over thirty witnesses who testified at punishment, and her testimony before the jury comprised less than twenty pages out of over 700 pages of testimony at punishment. Four of the other assailants were also convicted of capital murder and sentenced to death. 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. 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. Evid. Appellant alleges that this denial violated the Eighth Amendment. The Texas Court of Criminal Appeals affirmed the conviction and sentence in January 1997. 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. He's set to make the trip again, to witness for the third time the execution of one of the gang members responsible for the rape and murder of his teenage daughter and her schoolmate. denied, 516 U.S. 832, 116 S.Ct. 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. The Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper vendors on the roadside. Media Advisory: Peter Cantu scheduled for execution. 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. 1337, 127 L.Ed.2d 685 (1994). Date Received: 03/18/94 We conclude that reasonable jurists would not disagree on this matter. He was frustrated that he had been the one who was unable to fight Raul. Overstreet, J., filed concurring and dissenting opinion. 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). Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated: I love you too Pete, may you find peace wherever you are, finally you are free. 869, 71 L.Ed.2d 1 (1982) and Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. The sixth was convicted as a juvenile and is serving a 40-year prison term. See Photos. "It does make a little difference. Under AEDPA, habeas relief is unavailable on any claim adjudicated on the merits in state court unless the state court's adjudication (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. "Theres no way to ever get closure from this. The series chronicles around Bill Carlton and his crew who have dozens of fans won thousands of awards and always fulfil customer's demands. denied, 508 U.S. 963, 113 S.Ct. Tex.R.App.Proc. "They left my house and they were supposed to go home," Rios said. Later that night, appellant, Joe, Efrian, and Raul regrouped at appellant's house to brag about their exploits. The inexplicable act of random predation struck a chord among city residents as few other cases. Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. C. Texas's Mitigating Evidence Instruction. They then used Ertman's shoelaces to finish strangling her. * * * Director 2 Credits. "He did a horrendous crime to these two girls and he deserved to die. 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. 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. 3230, 106 L.Ed.2d 578 (1989). . denied, 510 U.S. 1215, 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. ", Pena, his wife Melissa at his side, said it did not matter to him that Cantu offered no words of contrition, or any words at all. Is your room clean today? 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. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. Contractors DirectoryInformation on every contractor in United States. The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. Under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), the failure to object to an included charge waives all but egregious error. Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. "He has matured remarkably," said Robin Norris, his appeals lawyer. The group then headed towards some nearby railroad tracks. * that appellant threatened to kill an officer of the law; and Mayes v. State, 816 S.W.2d 79, 86 (Tex.Crim.App.1991); Camacho v. State, 864 S.W.2d 524 (Tex.Crim.App.1993), cert. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. 2253(c), Cantu now seeks from this court a certificate of appealability. 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. We hold this requisite to be applicable to non-psychiatric experts as well. 2934, 106 L.Ed.2d 256 (1989). I dont believe anybody ever in their lifetime is going to forget this. The gang then drank beer and engaged in horseplay. Pursuant to 28 U.S.C. 55 (5th Cir. This version went into effect September 1, 1991. 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. Maybe some satisfaction, but never closure.". His is . If they hung all five of them, that would be a deterrent. [THE STATE:] They were all saying that? The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. 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. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. Zimmerman was remanded by the United States Supreme Court to review in light of Johnson v. Texas, 509 U.S. 350, 113 S.Ct. 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. The police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. Andrea Gorfolova. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. Appellant specifically complains of the emphasized portion of the following argument: [THE STATE:] [I would] [l]ike to talk to you briefly about the issue of mitigation[.] 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. (Page 2) We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. Holdings: The Court of Appeals held that: 16th murderer executed in Texas in 2010 Appellant has shown no particularized need for this study. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. [WITNESS:] [Appellant], Joe, Junior and Raul. 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. 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. Thirty-five-year-old Peter Anthony Cantu was strapped to a gurney in the Huntsville Unit prison death chamber and given a lethal injection Tuesday evening as relatives of his victims, Jennifer Ertman and Elizabeth Pena, looked on. 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). They first passed by Roman and Frank Sandoval without incident. "We can say its the end, but its never going to be closure," Adolfo Pena, Elizabeths father, said afterward. With the final execution completed, Pena said the two murdered girls can finally have peace. 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. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. Six months before Jenny and Elizabeth were murdered, three of their killers murdered another young woman, Patricia Lourdes Lopez. Point of error thirty-three is overruled. To send flowers 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. 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. Your email address will not be published. Date of Offense: 06/24/93 We first note that in reviewing the constitutionality of a statute, we must view the statute as applied to appellant only. The absence of an explicit assignment of the burden of proof does not render Article 37.071 2(e) unconstitutional.