RESPONSE SUMMARY JUDGMENT MTN March 30, 2010 | Trellis A memorial was erected to them at Waltrip High School, which they attended. Following this ritual, the boys drank beer, then they headed toward some nearby railroad tracks. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. A worship service was held on Sunday, February 2nd at 5:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. denied, 491 U.S. 910, 109 S.Ct. Cantu, then 18, orchestrated the attacks and slaying. Finally, Cantu robbed Ertman of her rings, necklaces, and cash. denied, 513 U.S. 967, 115 S.Ct. Appellant has shown no particularized need for this study. At Cantu's trial, immediately before the sentence was pronounced, Judge Bill Harmon allowed Jennifer's father, Randy Ertman, to speak directly to Cantu. ", Their battered and decomposing bodies, left to mummify in a wooded field in the relentless heat of Houston's summer, were found four days after they disappeared. Building Materials. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). Pete Cantu, 82. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. 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. Peter Anthony Cantu (AP Photo/Texas Dept. Tex.R.App. 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. 2193, 109 L.Ed.2d 520 (1990). He is preceded in death by his brother, Ralph Cantu Rodriguez; uncle, Richard Perez Rodriguez; aunt, Mary Ann Ortiz. 22 posts. The district court determined that this conclusion was not an unreasonable application of federal law. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). Peter Cantu confessed to the murders at the time of his arrest. The gang then drank beer and engaged in horseplay. Three dozen supporters cheered as the families emerged after the execution. Proc. Location: Houston, TX. 6. whether the defendant was acting under duress or the domination of another at the time of the offense; She screamed. He was friendly and never met a stranger. The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. "Im sure a lot of people will get closure from this because it affected a lot of people," said Pena, acknowledging the support his family and the Ertmans have received over the years. Pedro Cantu Obituary (2019) - Denham Springs, LA - The Advocate After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. 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, none of these cases stand for the proposition that this plea must be made by appellant or his counsel, personally. He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. It was a death the victims' families said was too good for the man who brought a violent and terrifying end to the lives of two teens 17 years ago. Think about the ordeal of those two young girls right here. He is a child, he is eighteen, and that's what this is about. | 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. 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. Additionally, through the work of Houston crime victims advocate Andy Kahan, the case led to statewide policy changes giving crime victims and their families more of a voice in the criminal justice process. "I think about them. With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. While a police helicopter was flying over the park, Cantu called 9-1-1 and told them to look on the other side of the bayou. Expressions of sympathy may be sent at www.schaetter.com. (Page 2) We decline to do so. B B King; B L A C K I E; B Movie Blues; B Rezell and OFTB; B-52s; B-Wave Heusden; B3 Fusion; B3 Kings; B52s; Ba Cissoko; Baaba Maal; Bab L Bluz; Bab Lbluz; Baba Commandant; Baba N All of the participants were then arrested, and, while in custody, Cantu provided two written statements to the police. (Aug. 17, 2010, 10:41PM). Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. Volunteer Awards - border olympics When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. Information on every contractor in United States. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. 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. Naomi "Pete" Johnson Cantu (1918-2012) - Find a Grave Memorial 2. 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. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. He married. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. He. Appellant did not object to the inclusion of this instruction in the charge. @pete.cantu.777. Pete Cantu in TX - Address & Phone Number | Whitepages Please visit www.cbp.gov to view additional news releases and other information pertaining to Customs and Border Protection. Hence, his point presents nothing for our review.FN12 Tex.R.App. The 14-year-old, Venancio Medellin, was handled in juvenile court and given the maximum sentence, split between juvenile and adult prison facilities. A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to: Does it justify it? 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. The plea of not guilty may be made orally by the defendant or by his counsel in open court. denied, 510 U.S. 997, 114 S.Ct. Murders of Jennifer Ertman and Elizabeth Pea - Wikipedia By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. Proc. Ha-ha. 'It's ridiculous. (Habeas). 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. Dec.13, 2006). The record shows appellant never objected to the Court's stating his plea before the jury instead of by himself or by his counsel. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. [WITNESS:] He just said, I did that, too. One of the gang members grabbed Pena. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. Proc. We object to the out of court statements of these co-defendants that we can't confront and cross examine. 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. [APPELLANT:] Excuse me, ma'am. After reviewing the district court's thoughtful consideration of the issue, we cannot say that reasonable jurists would disagree with its determination that the state court's conclusion was a reasonable application of federal law. Hence, the Supreme Court removed the Eighth Amendment bar to evidence about the victim and evidence about the impact of the murder on the victim's family created by Booth v. Maryland, 482 U.S. 496, 107 S.Ct. 315 followers. She had been stabbed and slashed in the abdomen, throat and back and strangled. Appellant was tried under the 1992 version of Article 37.071.FN8 Since appellant has simply made a global argument as to all capital defendants since the 1970's, and has not shown us how his specific rights were violated by application of the statute, his contentions are without merit. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. Appellant's argument in effect is that a jury should be instructed to consider only mitigating evidence when addressing this special issue. Mines v. State, 888 S.W.2d 816 (Tex.Crim.App.1994), cert. 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. FN7. Pete Cantu (1914 - 1980) - El Cerrito, California. denied, 510 U.S. 919, 114 S.Ct. Jester Park at White Oak bayou. After Raul fought all of the members, he was welcomed into the gang. es una historia oral de la comunidad catlica romana mexicana y mexicoamericana que lleg a habitar una llanura aluvial en el este de Austin, despus de su desplazamiento del centro de Austin hace ms de un siglo. 1. After the assault, the gang took the girls into the woods and strangled them. See also Green, supra. Two members also have been executed and two others are serving life prison sentences. the probability of subsequent activity would be low. He even opined that in a situation of 70 years before parole eligibility, there would be no probability because he suspected that the individual would be dead by then. Some of the girls' jewelry was recovered from his bedroom. That standard is applied in light of the Court's recognition that the State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to his family. Payne v. Tennessee, 501 U.S. 808, 825, 111 S.Ct. These girls went through an awful lot of pain when they died," said Adolfo Pena, father of Elizabeth. On June 24, 1993, the girls spent the day together and then died together. 2(f)(4). We note initially that Article 37.071 does not objectively define mitigating evidence, leaving all such resolutions to the subjective standards of the jury. In Memory of Peter Cantu The court, the attorney representing the state, the defendant, or the defendant's counsel may not inform a juror or a prospective juror of the effect of a failure of a jury to agree on issues submitted under Subsection (c) or (e) of this article. The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. In 1946, Pete initially started as a messenger boy for Western Union. [WITNESS:] Yeah. Rule App. 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? Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. 440, 256 S.W.2d 86, 88 (1953); Tutor v. State, 599 S.W.2d 818, 819 (Tex.Crim.App.1980). Pleasanton Express Staff 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. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) Pete Cantu in Texas(TX) - Found at 36 Cities - CocoFinder They decided to take a shortcut across the railroad tracks. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. "He did a horrendous crime to these two girls and he deserved to die. Family and friends are coming together online to create a special keepsake. Point of error twelve is overruled. Texas Metal (2017-2021) Full Cast & Crew See agents for this cast & crew on IMDbPro Series Writing Credits Series Cast Series Produced by Series Music by Series Cinematography by Series Film Editing by Series Production Management Series Sound Department Series Camera and Electrical Department Series Casting Department Series Editorial Department County of Offense: Harris These complaints occurred at punishment, and thus had no effect upon guilt/innocence. "I told him to stick it. [THE STATE:] During this time when they're saying what they did to the girl, what's [appellant] doing or saying? FN1. 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. DR#: 999093 Points of error thirty-seven and thirty-eight are overruled. In regard to points twenty-one and twenty-three, appellant argues that the jury should have been required to identify which unadjudicated offenses they found appellant had committed.FN10 Because they did not, appellant contends, this Court is unable to consider the unadjudicated offenses in its evaluation, thus barring a review of the sufficiency of the evidence of the punishment issues. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. Manager of the Year: Pete Cantu - YouTube 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. 37.071, 2(e)(1) (1991). 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. 55 (5th Cir. 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. Instead of taking her back to her truck, the trio took her to a back parking lot in Melrose Park in Houston, where they took turns raping and sexually assaulting her before stabbing her to death. Think about how cold the man is, how cowardly he is, how cruel he is. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. Thus, we do not consider the argument on appeal. ), cert. 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 denied, 513 U.S. 1021, 115 S.Ct. 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. 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. Fitness Professional Online at Xecute Fit. 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. 1978, 131 L.Ed.2d 866 (1995). [THE STATE:] They were all saying that? 2464, 91 L.Ed.2d 144 (1986) ([T]he appropriate standard of review for [a claim challenging the prosecution's closing argument] on writ of habeas corpus is the narrow one of due process, and not the broad exercise of supervisory power. (internal quotation marks omitted)). Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. FN2. Or when they were saying, I fucked her in the pussy, he said, yeah, I remember I did that, too. * that appellant attacked a sixth grade teacher; Jester, both busy streets. 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. Appellant asserts in his forty-first point of error that the Due Process Clause of the Fourteenth Amendment requires this Court to engage in proportionality reviews of death penalty cases. The families also watched the executions of Jose Medellin and Derrick O'Brian in 2008 and 2006. Peter Cantu in TX - Address & Phone Number | Whitepages Follow. A little thing that I would suggest is that you kind of go in the step of number one, you look to determine is there any mitigation. Point of error forty-two is overruled. Select the best result to find their address, phone number, relatives, and public records. 3230, 106 L.Ed.2d 578 (1989). After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. Subsequent decisions by this court have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime. East v. Scott, 55 F.3d 996, 1005 (5th Cir.1995) (internal citation omitted) (quoting Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir.1988)); see also Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir.2005). However, no such evidence exists. 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. This version went into effect September 1, 1991. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. Open it up, look at it. Pete T. Cantu Obituary All of his subsequent appeals in state and federal court were denied. "Theres nothing he would have said to me that would have made any difference," said Pena, who was wearing a white T-shirt with a photo of the two girls printed on the front. He was friendly and never met a stranger. Native County: Harris In point thirteen, appellant 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. See Lawton, supra; see also McFarland, supra. 2. Therefore, we hold the first prong is met as to each offense. We will affirm. Christina subsequently convinced her husband to report the incident to the police. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. , 30, a security guard, was charged with burglary of a business he was hired to protect. 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. 381, 121 L.Ed.2d 292 (1992). Andrea Gorfolova. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. We decline to revisit this issue here. For the foregoing reasons, Cantu's application for a COA is DENIED. As that Court stated: Prior Prison Record: Cantu is also serving a 10 year sentence in connection with an aggravated asault on a Houston man in January 1993. He has a whole business dedicated to handmade car interiors. Additionally, the Texas death penalty scheme was found constitutional by the Supreme Court in Jurek v. Texas, 428 U.S. 262, 270-72, 96 S.Ct. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. Nowhere will you find the court instructing you that you have to find any evidence that you've heard in this case mitigating. Peter Anthony Cantu #1224 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. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. Appellant argues, in essence, that the prosecutor misstated the law. . Pete will be remembered for his infectious laugh and loving personality. Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. Education: GED 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. Robertson, supra. After the initiation concluded, two girls-Jennifer Ertman and Elizabeth Pena-stumbled upon the group. The police searched the park without finding anything. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. This we decline to do. Tex. Pete Cantu - Ballotpedia We therefore deny a COA on this issue. Michael A. Cantu - KCBD Look at the evidence. We deny a COA on this issue. Forbes 400: The Richest People In Texas 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.

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