The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. HUNTSVILLE, Texas Texas has executed a former gang member who took part in the rape and murder of two teenage girls who were walking home from a neighborhood party 17 years ago. Point of error eight is overruled. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. Indeed, this circuit has repeatedly refused to apply Simmons so as to require that Texas juries be informed of a defendant's future parole eligibility. 2253, 132 L.Ed.2d 260 (1995). The district court determined that the state court's conclusion was not an unreasonable application of federal law. Ertman made the drive here four years ago for the first execution. Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. at 49. [APPELLANT:] May we have a running objection to the out of court statements, judge? He told Venancio to stay behind, saying he was "too little to watch." The girls were hurrying along railroad tracks in the dark in order to get home by their curfew. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. Patrick Myatt . Eight minutes later, he was dead. 2187, 129 L.Ed.2d 133 (1994), to the circumstances in this case. 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. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. In the first statement, Cantu only admitted his role in raping and stealing from the girls, but he was silent as to their murder. Finally and in the alternative, the district court noted that Cantu was not prejudiced by his counsel's failure to object because of the significant amount of punishment-phase evidence demonstrating Cantu's violence and the slim chance of his rehabilitation. Id. 2253(c), Cantu now seeks from this court a certificate of appealability. 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)). Following this ritual, the boys drank beer, then they headed toward some nearby railroad tracks. The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. However, enough tissue did exist for the medical examiner to determine that the girls had died of a trauma to the neck which was consistent with strangulation. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Both expressed regret for their role in the killings. Point of error forty-three is overruled. He was friendly and never met a stranger. Cantu additionally argued to the district court that he was entitled to a lesser-included instruction on simple murder; however, he does not argue that he is entitled to such an instruction in his petition for COA. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. 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). Roman's brother, Frank, and Joe's fourteen-year-old brother, Venancio, were also present. Thus, the Supreme Court held: [I]f the State chooses to permit the admission of victim impact evidence and prosecutorial argument on that subject, the Eighth Amendment erects no per se bar. Points of error one through four are overruled.FN3. Arrangements are entrusted to Holmgreen Mortuary, 2061 East Main Street, Alice, Texas. 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. FN13. denied, 510 U.S. 1215, 114 S.Ct. Hence, his point presents nothing for our review.FN12 Tex.R.App. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. A woman claims these photos were taken by the person who allegedly stole her purse, which had her smart phone inside. Valerie Nicole. He became notorious for trying to kick a TV cameraman recording his arrest. 2556, 135 L.Ed.2d 1074 (1996). | 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. 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. However, no such evidence exists. Christina noticed that Villareal was bleeding and that Perez had blood on his shirt and asked them what happened. 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. The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. After the belt broke, the killers used her own shoelaces to finish their job. He didn't go into details. They had spent the evening drinking beer and then "jumping in" Raul. See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. denied, 513 U.S. 967, 115 S.Ct. 596, 111 S.W. ] (Emphasis added.). ", Randy and Sandra Ertman did not speak to the press. Notwithstanding appellant's inadequate briefing, we note that the United States Supreme Court stated in Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. (Habeas). We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court. 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. Pete Cantu Rodriguez Obituary (1964 - 2020) | San Antonio, Texas The boys then began strangling the girls. Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. 84 Lumber. Appellant was subsequently convicted of capital murder in February of *631 1994.FN1 Tex. Christina subsequently convinced her husband to report the incident to the police. 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. In Ford v. State, 919 S.W.2d 107 (Tex.Crim.App.1996), we held that certain victim impact evidence was arguably relevant to the defendant's moral culpability contained within the third special issue that the jury was required to answer: Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that sentence of life imprisonment rather than a death sentence be imposed. The group then headed towards some nearby railroad tracks. Upon the completion of this reading, the trial court stated, To which indictment, ladies and gentlemen, the defendant has entered a plea of not guilty. Appellant's contention on appeal is that either he or his attorney should have actually voiced this plea to the jury. Research has proven that the death penalty (fighting violence with violence) fails to prevent, deter or reduce vio * that appellant threatened a woman and broke a window at her home; Pena, however is not the victim for whose death appellant has been indicted and tried, and Payne does not contemplate admission of such evidence as permissible under the Eighth Amendment. 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. Cantu had left his wallet at . 1978, 131 L.Ed.2d 866 (1995). A memorial for them was also placed at T.C. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. 2726, 33 L.Ed.2d 346 (1972). Nevertheless, such error is subject to a harm analysis. February 19, 2014. THE COURT: Yes, sir. 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. Cantu declined requests for interviews prior to his execution. 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. 4/21/10 -- The 178th District Court set Cantus execution date for August 17, 2010. The Ertmans and Penas, again with Kahan's assistance, were also instrumental in getting Texas law changed so that victims' relatives are permitted to witness the executions of their loved ones' killers. 65,334-01, 2006 WL 3692646 (Tex.Crim.App. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Appellant argues that the phrase or anticipated that a human life would be taken renders Article 37.071 2(b)(2) unconstitutional because the phrase lacks the required culpability. Andrea Gorfolova. Nearly two decades after friends and relatives frantically distributed flyers offering a $10,000 reward for help finding the teenagers who failed to return home from a summer pool party, prosecutor Donna Goode still has one in her office. 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.. Appellant contends in his forty-fourth point of error that Article 37.071 2(a),FN13 which prohibits the judge and the parties from informing the jury of the effect of a failure of the jury to agree on their answers to the special issues, violates the Eighth and Fourteenth Amendments to the United States Constitution. ** 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, Fee: First, as the district court recognized, admitting such graphic photographs does not offend due process when the photographs are used to add illustration to testimony describing the details of the crime, as was done here. We have already decided these issues adversely to appellant. Jose Medellin was executed in August 2008. Nevertheless, in light of Tex.R.App.Pro. 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. 12/1/97 -- The U.S. Supreme Court denied Cantus petition for certiorari review. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. (The execution) doesnt really make me feel any better, knowing that there are three guys that got away with this. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. '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. 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. ), cert. 131, 133 L.Ed.2d 80 (1995); Willingham v. State, 897 S.W.2d 351 (Tex.Crim.App. 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. Further, the trial court did not admit all of the prosecution's proffered photographs and instead engaged in a process of weighing the probative value of each photograph against its likely prejudicial effect. ", 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. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Because of repeated behavioral problems, Cantu had been in an alternative school since sixth grade. Point four likewise claims reversible error in denying him the right to question prospective jurors about their ability to consider the 35-year minimum calendar years he would have to serve on a life sentence before becoming parole eligible. Extraneous offenses are only a portion of the evidence a jury is allowed to consider. 2. the calculated nature of the defendant's acts; The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. . 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. The series chronicles around Bill Carlton and his crew who have dozens of fans won thousands of awards and always fulfil customer's demands. 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. [W]hether the defendant actually caused the death of the deceased or did not actually cause the death of the deceased but intended to kill the deceased or another or anticipated that a human life would be taken. Follow. Expressions of sympathy may be sent at www.schaetter.com. A 14-year-old attacker was given a 40-year sentence. 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? Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. [THE STATE:] And did they talk about having anal intercourse with the girls in front of [appellant]? The phone transferred the photos to her online account, and she shared them on Facebook. * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward; Moore v. State, 935 S.W.2d 124, 130 (Tex.Crim.App.1996). Instead, jurors must individually determine what evidence, if any, mitigates against the imposition of the death penalty and what weight, if any, to give that evidence in its consideration. Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. Family and friends are coming together online to create a special keepsake. In Texas, low oil prices have flatlined the growth in some fortunes, like that of San Antonio natural gas tycoon Rod Lewis . 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal D rop Shop About Us We specialize in one off custom cars and trucks. VICTORIA John M. Cantu Sr., 69 years of age, passed away Saturday May 29, 2021 at 10:40pm. You are instructed that certain evidence introduced to you has been offered in mitigation of the Defendant's punishment. denied, 516 U.S. 832, 116 S.Ct. M. Pena then testified as to her relationship with her daughter and her daughter's relationship with other members of the family. Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. Peter Anthony Cantu (AP Photo/Texas Dept. "Peter Cantu Executed: Ringleader of the Ertman and Pena Rape and Murder Killed," by Jason Volentine. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. At this point, Roman and Frank Sandoval decided to leave. The bodies were found six days later after Cantus brother, using an alias, phoned police. Meanwhile, Jennifer Ertman and sixteen-year-old Elizabeth Pena, who were visiting a girlfriend, decided to head home, taking a shortcut across the railroad tracks. Specifically, appellant complains of the following argument: Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. 2658, 125 L.Ed.2d 290 (1993). 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. 1. the circumstances of the capital offense, including the defendant's state of mind and whether he was working alone or with other parties; 2765, 129 L.Ed.2d 879 (1994); McCleskey v. Kemp, 481 U.S. 279, 107 S.Ct. [WITNESS:] Yes. Michelle Licon Cantu currently resides in Lubbock, Texas. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. Stop the Execution of Peter Cantu in Texas! - Change.org A State may legitimately conclude that evidence about the victim and about the impact of the murder on the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed. Santikos, supra; Dinkins v. State, 894 S.W.2d 330, 340 (Tex.Crim.App.1995), cert. . 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. See Penry v. Johnson, 532 U.S. 782, 803, 121 S.Ct. Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. However, because his last objection was specifically to hearsay, we will address the point on this ground. * that appellant threatened another student's father, saying that he wanted to kill him; We conclude that reasonable jurists would not disagree on this matter. 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 Sheriff's Office. We note the Supreme Court in Payne held the Eighth Amendment did not bar introduction of evidence about the victim and the impact of the victim's death on his or her family as such evidence may be relevant as to the jury's determination as to imposition of the death penalty. 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. Furthermore, our statutory scheme has not radically changed from the version upheld in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. I love you too Pete, may you find peace wherever you are, finally you are free. Is your room clean today? Media Advisory: Peter Cantu scheduled for execution. A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know.
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