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With the final execution completed, Pena said the two murdered girls can finally have peace. In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 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.". Spare his life, please, ladies and gentlemen of the jury. The Mexican-American community was outraged by the death and Torres's family demanded justice. Please submit missing details you may have. Given the sparsity of the victim impact evidence, the fact that it was not mentioned by the State during arguments (appellant did briefly refer to this testimony during his punishment arguments), and the overwhelming focus during the punishment phase on appellant's behavior and the circumstances of the offense, we conclude the victim impact evidence made no contribution to punishment. The gang then drank beer and engaged in horseplay. 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. FN12. KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. 9/23/93 -- Cantu was indicted for capital murder by a Harris County grand jury. A capital sentencer need not be instructed how to weigh any particular mitigating fact in the capital sentencing decision. This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. See Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir.2001) (The definition of mitigating evidence does not limit the evidence considered under the third special issue (whether mitigating circumstances warrant a life, rather than a death, sentence).); see also Roach v. Quarterman, 220 Fed.Appx. We have previously addressed and rejected this contention. Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. Weight: 135. Thus, we do not consider the argument on appeal. To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. Johnson v. State, 604 S.W.2d 128, 135 (Tex.Crim.App.1980) (panel op.). (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; Eduardo Munoz, 20, is accused of robbing the same store four times Dec. 14 and one the fifth attempt he was arrested. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. Pete will be remembered for his infectious laugh and loving personality. Four of the other assailants that night were also convicted of capital murder and sentenced to death. * that appellant threatened another student's father, saying that he wanted to kill him; 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. He told the call taker that the missing girls' bodies could be found near T.C. 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. 2213, 2223-24, 60 L.Ed.2d 777 (1979). Cantu was the 16th person to be put to death by the state of Texas this year. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. The third man was given 40 years in prison and is eligible for parole. However, we affirmed the original holding on appeal. 2. Appellant asserts in point of error twenty-eight that his Eighth and Fourteenth Amendment rights were violated by the submission of vague terms in the first two special issues submitted in the punishment phase. Arrangements are entrusted to Holmgreen Mortuary, 2061 East Main Street, Alice, Texas. denied, 510 U.S. 997, 114 S.Ct. 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. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. They were forced to perform oral sex. 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. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. Texas Execution Information Center by David Carson. 803(23) as statements against interest, corroborated by appellant's own responding actions and the co-defendants' possession of the victims' jewelry and the blood on the co-defendants' clothing when they came to the Cantu residence. [THE STATE:] During this time when they're saying what they did to the girl, what's [appellant] doing or saying? 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. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. He had problems, he was sick, he is sick. Appellant raises forty-five points of error. ", The case horrified Houston. 2529, 96 L.Ed.2d 440 (1987), and left the decision up to the individual states as to whether this sort of evidence is relevant under their own individual punishment schemes. The juvenile, Venancio Medellin, pled guilty to his charge and his sentence was reviewed when he turned 18, at which time he was sent to serve the remainder of the sentence in prison. As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. Notwithstanding this, we hold that evidence concerning the sexual assault, robbery, and murder of Pena is admissible at guilt/innocence as same transaction contextual evidence to impart to the trier of fact information essential to understanding the context and circumstances of the offense. Texas law initially limits the class of murderers eligible for capital punishment to those convicted of murders involving special circumstances as described in Texas Penal Code 19.03. In point of error eight, appellant asserts that the trial court erred in admitting victim impact evidence. Specifically, he avers that because the indictment only named Ertman, allowing victim impact evidence (or any other evidence) regarding Pena was error. Texas presents the question of mitigating evidence to a jury through article 37.071, sections 2(e)(1) and 2(f)(4) of the Texas Code of Criminal Procedure. 2/5/09 -- Cantu appealed to the United States Court of Appeals for the Fifth Circuit. See Seale v. State, 158 Tex.Crim. 2009). 102 East 50th Lubbock TX 79404. Id. Required fields are marked *. We hold that such evidence is irrelevant under Tex.R.Crim.Evid. There might be a fact and circumstance out there that just cries out for mercy, cries out for you to give the person some leniency and not give them the death penalty,. Keep that in mind when you think in terms of what is it that really compels our mercy and do you see it in this case? denied, 516 U.S. 1021, 116 S.Ct. FN7. Sign Up. After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. After the assault, the gang took the girls into the woods and strangled them. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. Christina noticed that Villareal was bleeding and that Perez had blood on his shirt and asked them what happened. Log in or sign up for Facebook to connect with friends, family and people you know. Both expressed regret for their role in the killings. 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. denied, 515 U.S. 1105, 115 S.Ct. See Article 36.15; Tex.R.App. The Forbes 400 net worth cut off this year was a record-high $2 billion. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. He did not look toward the witnesses and made no last statement. 315 followers. Ekstensive Metal Fabrication's 2016 Ford F-150 wasn't hammered "sold!" at Mecum Auctions' Houston event. Gaddis, supra, at 398. Know more about Cantu Roofing? Derrick Sean O'Brien was executed in July 2006. Other cast members of the show are Spot and John. Nine minutes later, he was dead. Points of error eighteen and nineteen are overruled. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. 284, 126 L.Ed.2d 234 (1993). They alerted the police and posted fliers, but the girls were not found. 84 Lumber. All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn For those who so desire you may make memorial contributions in his memory to the charity of your choice. (plurality op. At Cantu's trial, immediately before the sentence was pronounced, Judge Bill Harmon allowed Jennifer's father, Randy Ertman, to speak directly to Cantu. 81(b)(2). Select this result to view Peter Cantu's phone number, address, and more. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. Ertman made the drive here four years ago for the first execution. Pete Cantu, 82. Post author: Post published: junho 10, 2022 Post category: comcast central division leadership Post comments: semi pro football tulsa semi pro football tulsa In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. During this arraignment, the State read the indictment, and the court asked appellant how he pled. Peter Cantu was the self-appointed leader of a gang in Houston that met on the night of June 24, 1993, to initiate a new member, Raul Villareal. In his argument, appellant basically urges this Court to re-evaluate its prior holdings that Article 37.07 does not apply to capital cases and that the admission of unadjudicated extraneous offenses at the sentencing phase of a capital trial does not offend the Eighth and Fourteenth Amendments. 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. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. 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. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. Appellant avers in point fourteen that the mitigation issue set forth in Article 37.071 2(e) is unconstitutional in that it does not require jury consideration of mitigation evidence when answering it. This issue reads as follows: The price of the Beefy Crunch Burrito had gone up from 99 cents to $1.49 and. The person not sentenced to death, 14 at the time, got a 40-year sentence. On that June night, the girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. See Photos. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. In his thirty-second point of error, appellant alleges that the second special issue on punishment is facially unconstitutional in violation of the United States Supreme Court decision of Tison v. Arizona, 481 U.S. 137, 107 S.Ct. We object to the out of court statements of these co-defendants that we can't confront and cross examine. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. They were kicked, teeth knocked out and hair pulled out and ribs broken. In response to the study, a district court judge held that the statute unconstitutionally permitted the arbitrary and unguided imposition of the death penalty. The phone transferred the photos to her online account, and she shared them on Facebook. Nevertheless, such error is subject to a harm analysis. In search of vegan food, I found a world-class Mendocino inn. Id. 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. Peter Cantu is not an animal. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. One of the boys boasted of having 'virgin blood' on him. Point of error thirty-five is overruled. If they hung all five of them, that would be a deterrent. They were spotted by the group, pulled off the tracks and taken into nearby woods where they were sexually assaulted. We think about those girls every day. Also, it is clear from her closing argument the prosecutor never told the jury they must find a nexus between the offense and the evidence offered as mitigating by the appellant; she merely suggested that they weigh the evidence in this manner. Appellant has given us no reason to revisit our analyses in these cases, nor has he shown us any distinguishing evidence in the record or provided us with any other reason why these cases should not control in the instant case. 596, 111 S.W. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. With $53,000 being the highest bid for the 332-mile supercharged 1/2-ton, it moved on for a . He told Venancio to stay behind, saying he was "too little to watch." 106, 133 L.Ed.2d 59 (1995); McBride v. State, 862 S.W.2d 600, 610-11 (Tex.Crim.App.1993), cert. While he generally discusses each special issue, he never argues or provides authority as to why this makes the statute's operation unconstitutional as applied to him. Cantu then sought state post-conviction relief. See 466 U.S. 668, 687, 104 S.Ct. A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. The attackers confessed and at times seemed indifferent to the charges against them. denied, 516 U.S. 832, 116 S.Ct. Michelle is 51 years old and was born on February 1971. In related point of error eleven, appellant alleges that the trial court erred in failing to set aside the indictment because the special issues are not properly understood by the jurors. This is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own. He was friendly and never met a stranger. The police were sent to the scene and searched the park without finding anything. 55 (5th Cir. ), cert. 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. denied, 513 U.S. 853, 115 S.Ct. See Free v. Peters, 19 F.3d 389 (7th Cir. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. A brief summary of the facts will be helpful. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. Maria Cantu Hexsel 221 West 6" Street, Suite 1800 Jennifer Buntz GERMER GERTZ . He let out a final breath at 6:17 p.m. and peacefully died. Proc. . He was friendly and never met a stranger. at 336, 123 S.Ct. WebPete Cantu was born on April 9, 1914. 16th murderer executed in Texas in 2010 Cantu also confessed. See also, Lackey v. State, 819 S.W.2d 111 (Tex.Crim.App.1989) (not error to fail to instruct jury to consider specifically appellant's age as a mitigating factor because the jury's answer as to special issue two (future dangerousness) would reflect their consideration of all the mitigating evidence); Jackson v. State, 822 S.W.2d 18 (Tex.Crim.App.1990). When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. "We can say its the end, but its never going to be closure," Adolfo Pena, Elizabeths father, said afterward. 1337, 127 L.Ed.2d 685 (1994). The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". 2630, 129 L.Ed.2d 750 (1994). In Ford, the deceased victim's sisters and mother, who had also been victims of the crime, testified regarding the relationship each had with the deceased victim as well as to the effect that the crime had on them. Green v. State, 934 S.W.2d 92, 106, 107 (Tex.Crim.App.1996). denied, 508 U.S. 963, 113 S.Ct. 37.071, 2(e)(1) (1991). Penal Code Ann. In appellant's arraignment in open court, but outside the presence of the jury, the State read the indictment and appellant's counsel entered appellant's plea of not guilty. While the plain language of Article 36.01 indicates that an identical procedure should be followed in the jury's presence, it is not required by that language. The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. Medellin said that they "had fun" and that their activities would be seen on the TV news. 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. Below, Cantu additionally argued that the prosecution's sentencing-phase argument improperly limited the jury's consideration of mitigating evidence; however, he has conceded that argument in his present petition and, so far as his mitigation argument is concerned, seeks a COA only on whether Texas's method of presenting mitigation evidence to the jury is unconstitutional. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. We will address the points as they are presented to us. 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. We have held that, to constitute proper jury argument, the argument must encompass one (or more) of the following: (1) summation of the evidence presented at trial, (2) reasonable deduction drawn from that evidence, (3) answer to the opposing counsel's argument, or (4) a plea for law enforcement. As their midnight curfew approached, they discussed the fastest route to Pena's home. Cantu was the final of three men condemned to die for the murders. 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. Make a life-giving gesture Elgin, Texas. Thus, no egregious harm, if any harm at all, can be established. 'Gonzalez' said that his brother was one of the six people involved in killing the girls, and gave police the names of all but one, the new recruit, whom he did not know. 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.