Appellant, along with his co-defendants, brutally raped, strangled, and stomped the two girls to death. 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. Select this result to view Peter Cantu's phone number, address, and more. the Art. In his twenty-ninth point of error, appellant alleges that the juxtaposition of the terms reasonable doubt and probability unconstitutionally lowers the reasonable doubt quantum of proof. Appellant's basic argument is that the undefined probability in the future dangerousness issue invites juror confusion and is therefore unconstitutional. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews Company Information Sponsored Links Company Contacts PETE CANTU Agent 2722 N Zarzamora St San Antonio, TX Reviews Write Review There are no reviews yet for this company. Such victim impact statements, as they are called, are now commonplace. Moore v. State, 935 S.W.2d 124, 130 (Tex.Crim.App.1996). All data is collected from public records. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. 2213, 2223-24, 60 L.Ed.2d 777 (1979). In fact, by the very language of the statute, it requires a jury to consider all of the evidence. Peter Cantu bragged to friends and family about being the ringleader of the gang rape and murder of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena in 1993. 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. [WITNESS:] [Appellant], Joe, Junior and Raul. denied, 508 U.S. 963, 113 S.Ct. [THE STATE:] They were all saying that? He also parceled out the jewelry and money he took from the girls. 84 Lumber | Building Materials - West Texas Home Builders Association FN8. When the rapes finally ended, the horror was not over. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. The boys then ran after the girls and grabbed them. Failure To Object To Prosecution's Argument. These arguments are unavailing. 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. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. "I don't mean this in a gruesome way, but if they want to make the death penalty a deterrent, up in front of (Houston) City Hall, they've got all these beautiful trees. Infamous Houston Murders Still Shock After Decades | Houston Press Appellant asked for a running objection as to this line of questioning. at 2606-07. A clemency must be granted to Peter Cantu. ), cert. 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. 106, 133 L.Ed.2d 59 (1995); McBride v. State, 862 S.W.2d 600, 610-11 (Tex.Crim.App.1993), cert. Point of error seven is overruled. Id. The Texas Court of Criminal Appeals affirmed Cantu's conviction in a direct appeal on January 29, 1997. 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. 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. They then used Ertman's shoelaces to finish strangling her. Tuesday he paid for it with his life. 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. art. Cantu first argues that the state trial court's refusal to inform the jury of Texas parole law violates the Fourteenth Amendment's Due Process Clause. 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. denied, 514 U.S. 1005, 115 S.Ct. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. The danger of unfair prejudice to a defendant inherent in the introduction of victim impact evidence with respect to a victim not named in the indictment on which he is being tried is unacceptably high. In points thirty-seven and thirty-eight, appellant complains that the admission of unadjudicated extraneous offenses during the sentencing phase violated Article 37.07 and the Eighth and Fourteenth Amendments to the United States Constitution. 2630, 2639, 129 L.Ed.2d 750 (1994); Anderson v. State, supra at 508-09). 315 followers. We held: At 6:09 p.m., lethal injection drugs entered Cantu's body. 2658, 125 L.Ed.2d 290 (1993). 869, 71 L.Ed.2d 1 (1982) and Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. Cantu was described as the leader of small gang known as the Black and Whites. Seventeen years is a long time to have something eating on you like that. denied, 495 U.S. 940, 110 S.Ct. RESPONSE SUMMARY JUDGMENT MTN March 30, 2010 | Trellis Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. [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. The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. "I had no idea they would be coming to this." She testified that appellant was friendly to her and never mistreated or was disrespectful to her. Elizabeth was also strangled with her shoelaces, after crying and begging the gang members not to kill them; bargaining, offering to give them her phone number so they could get together again. Overstreet, J., filed concurring and dissenting opinion. HUNTSVILLE, Texas (AP) Randy Ertman knows the road to the Texas death chamber too well. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Cantus execution was the third connected with the case. (internal quotation marks omitted). Pete Cantu in Texas(TX) - Found at 36 Cities - CocoFinder Peter Cantu is not an animal. The crime was committed on or about June 24, 1993. She'd been raped and eviscerated. Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. ", Randy and Sandra Ertman did not speak to the press. Excessive . At this point, the Sandoval brothers decided that it was time to leave. We decline to do so. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. After Raul fought all of the members, he was welcomed into the gang. The absence of an explicit assignment of the burden of proof does not render Article 37.071 2(e) unconstitutional. Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. "He's a guy who fully accepts his responsibility.". Appellant kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifer's neck until she stopped moving. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. 2/9/94 -- After a separate penalty hearing, Cantu was sentenced to death. Cantu v. Quarterman, 341 Fed.Appx. Affirmed. It was traced to the home of the brother of one of the men later sentenced to death for these murders. (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; 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. Court appeals to delay the punishment appeared exhausted. 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. In instances where mitigating evidence is presented, all that is constitutionally required is a vehicle by which the jury can consider and give effect to the mitigating evidence relevant to a defendant's background, character, or the circumstances of the crime. She had been stabbed and slashed in the abdomen, throat and back and strangled. FN10. 17 Episodes 2019. In point of error forty-three, appellant contends that the definition of mitigating evidence in Article 37.071 2(f)(4) makes the article facially unconstitutional because it limits the concept of mitigation to factors that render a capital defendant less morally blameworthy for the commission of the capital murder. The state trial court denied such relief on June 7, 2006, after it adopted the prosecution's proposed findings of fact and conclusions of law. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. No crime warrants a sentence of death. Resides in Laredo, TX. WebPete Cantu was born on April 9, 1914. On cross-examination, the State asked Martinez if she thought the killing of the two girls was funny. When the witness answered in the negative, the State asked that the jury be excused and introduced two letters the witness had written to appellant's co-defendant, Efrian Perez, and questioned her about one of them, which read: Efrian, what's up, ugly? And, finally, in point twenty-seven, appellant alleges that the scheme is unconstitutional as applied in that the future dangerousness issue does not encompass consideration of the act or conduct that formed the basis of conviction in any meaningful or standardized manner. Appellant combines all three of these points into one argument in which he basically alleges that the special issues do nothing to insure that the sentencer's decision was not an act of unbridled discretion.. Feb.4, 2009). The initiation involved fighting each member of the gang for a five- to ten- minute period. ), cert. (1) determination that refusal to inform jury that, if petitioner received life sentence, he would not be eligible for parole for thirty-five years did not violate Due Process Clause was reasonable; By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. We have previously rejected this argument. 5. the defendant's age and personal circumstances at the time of the offense; I love you too Pete, may you find peace wherever you are, finally you are free. Estimate Request Form They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. Nor does he argue that the charge given was inappropriate, only that it was incomplete. They pulled on the belt, one boy on each side, until the belt broke. Now, Cantu seeks a COA on five of the issues he raised below. See also Morris v. State, 940 S.W.2d 610, 615 (Tex.Crim.App.1996). A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. "At least some of the scumbags are dead. denied, 512 U.S. 1246, 114 S.Ct. Please visit www.cbp.gov to view additional news releases and other information pertaining to Customs and Border Protection. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. Three dozen supporters cheered as the families emerged after the execution. 55 (5th Cir. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. 2253(c)(2). 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. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. We do not guarantee accuracy of information. Also gone is natural gas pioneer George Mitchell, who passed . He gave no final statement and showed no remorse for his acts. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. She screamed. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). | at 826-28, 111 S.Ct. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. 1338, 127 L.Ed.2d 686 (1994); Rogers v. State, 853 S.W.2d 29 (Tex.Crim.App.1993). 463rd murderer executed in Texas since 1976. 1977 Herb Ferrill - North Texas State 1978 Oton Guerrero - Pan-American University 1979 Dave Mennen - Houston Baptist 1980 J.C. Trevio, Jr. - Laredo . (Aug. 17, 2010, 10:41PM). "He did a horrendous crime to these two girls and he deserved to die. The testimony of M. Pena consisted of her telling the jury about her family and showing the jury pictures of the victim's sixteenth birthday party. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. Elections 2016 See also: Donna Independent School District elections (2016) Six of the seven seats on the Donna Independent School District school board were up for general election on Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. Ha-ha. Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. We deny a COA on this issue. Her family was present at his trial for the June murders. FN11. 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. denied, 510 U.S. 905, 114 S.Ct. Andrea Gorfolova. 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. Done purely to prevent him being caught for the crimes that had been done. 13 of the Texas Constitution. Points one and two claim constitutional error in the trial court denying his requested punishment jury charge instruction informing the jury that pursuant to Article 42.18, 8(b)(2), V.A.C.C.P., a prisoner serving a life sentence for capital murder is not parole eligible until the actual calendar time served, without consideration of good conduct time, equals 35 calendar years. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. He has declined to speak with reporters as his execution date neared. Id. Point of error twenty-nine is overruled. 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. 2253(c)(1). Appellant alleges in point of error seven that the trial court reversibly erred in allowing the State to impeach defense witness Beatrice Martinez on a collateral matter. 7. psychiatric evidence; and The court shall charge the jury that in answering the issue submitted under Subsection (e) of this article, the jury: See 466 U.S. 668, 687, 104 S.Ct. 1339, 113 L.Ed.2d 271 (1991). Look at the evidence. Point of error eight is overruled. 71,557, slip op. Pulled this out the drafts #fyp #disneyparents #blowthisup | TikTok On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. M. Pena also told the jury what her daughter had been like in life: personality traits she exhibited, activities she had engaged in, and similar good character type evidence. Cantu's family did not attend his killing. Id. 2950, 49 L.Ed.2d 929 (1976), when it held that the Texas future dangerousness issue was not unconstitutionally vague. Cantu kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifers neck until she stopped moving. Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. It affected more than just Melissa and me and Randy and Sandy.". Spence v. State, 795 S.W.2d 743, 759 (Tex.Crim.App.1990), cert. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. In related points of error fifteen, sixteen and seventeen, appellant argues that the trial court erred in denying his requested charges that the jury must give effect to mitigating evidence and that the jury must consider youth and mental health as mitigating. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. 2630, 2639, 129 L.Ed.2d 750 (1994). 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. Race: White 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. 81(b)(2). When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. "I was the last parent to have seen them," she said. Appellant's tenth and eleventh points of error are overruled. Even if we assume that the prosecutor's statement was an improper comment, we conclude it was not so egregious that it was not cured by the instruction given to the jury to disregard it. Green v. State, 934 S.W.2d 92, 106, 107 (Tex.Crim.App.1996). denied, 490 U.S. 1102, 109 S.Ct. Moore v. State, supra at 128, 128-09). Antonio Arizola Cantu of San Antonio, Texas - Hurley Funeral Home See Sonnier, supra. Id. Stop the Execution of Peter Cantu in Texas! - Change.org
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