Deadline Hollywood. 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. 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)). Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward; Cantu then sought state post-conviction relief. Lived In Las . And if you care to, you can see the result of this defendant's handy work again. It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. 2/5/09 -- Cantu appealed to the United States Court of Appeals for the Fifth Circuit. 2934, 106 L.Ed.2d 256 (1989); Johnson v. Texas, 509 U.S. 350, 113 S.Ct. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Instead, the Code of Criminal Procedure simply requires that the State prove each element of a crime beyond a reasonable doubt, whether the jury believes all of the State's evidence or only part of it. Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. How they were mutilated, brutalized for perhaps as much as an hour. I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. Appellant contends the State opened the door to testimony about parole eligibility in its cross-examination of Prof. James Marquart of Sam Houston State University by mentioning various capital murder defendants who committed violent crimes while in prison as well as two who committed murders after their release from prison. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. Two members also have been executed and two others are serving life prison sentences. ", Even now, both families say there is no closure. Proc. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. 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. [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. Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. 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. Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. Leave your condolences to the family on this memorial page or send flowers to show you care. (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; 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. ), cert. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. This guy is more than just a car's outer appearance. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4 - YouTube He was on probation for assault in connection with an incident at the Astrodome parking lot in which he threatened another youth with a knife. [Emphasis in original.] denied, 513 U.S. 1157, 115 S.Ct. Read more about the life story of Pete and share your memory. If enough of any type of evidence exists in the record so that any rational trier of fact could have believed an issue to be true, then we need not know what a specific trier of fact believed. ), cert. denied, 513 U.S. 853, 115 S.Ct. Appellant's objections were overruled and the evidence was admitted. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. Here, the district court determined that the state court did not unreasonably apply federal law in concluding that the prosecution's argument was proper and, therefore, that Cantu's counsel's performance was not deficient in failing to object to the argument. As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. As we stated above in point of error twelve, when challenging the constitutionality of a statute: Cantu Roofing 922 Mildid Ave, San Antonio, TX 78211 Service: Roofing, Home Builders, Additions, Home Theaters, General Contractors Employees: Pedro Cantu (Owner) License: Texas #HR921199 Status: Active City: San Antonio Type: Home Improvement Contractor Verified: Status: Verify Date: February, 2016 Maria Cantu Hexsel 221 West 6" Street, Suite 1800 Jennifer Buntz GERMER GERTZ . 3. the forethought and deliberateness exhibited by the crime's execution; 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. 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. 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. Whether to grant a COA is a threshold inquiry that involves an overview of the claims in the habeas petition and a general assessment of their merits but does not require full consideration of the factual or legal bases adduced in support of the claims. Id. A brief summary of the facts will be helpful. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. Jester Park at White Oak Bayou. Pursuant to 28 U.S.C. 84 Lumber Store Manager Pete Cantu in Lubbock, Texas, was awarded Manager of the Year at a ceremony Friday March 10, 2017. 52(a). 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). A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. In Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. Ekstensive Metal Fabrication's 2016 Ford F-150 wasn't hammered "sold!" at Mecum Auctions' Houston event. 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. His second requested charge is also a misstatement of the law in that Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. or. Nevertheless, in light of Tex.R.App.Pro. * * * This Court recently applied the Ake standard as it relates to a defendant asserting an insanity defense and rejected the notion that a court's expert necessarily fulfills the role of a psychiatric assistant to the indigent accused envisioned by Ake. De Freece v. State, 848 S.W.2d 150, 159 (Tex.Crim.App. 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. Thus, he contends, evidence of intoxication which did not rise to this level was precluded from being afforded mitigating effect in violation of Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. In Texas, low oil prices have flatlined the growth in some fortunes, like that of San Antonio natural gas tycoon Rod Lewis . 433, 130 L.Ed.2d 345 (1994). Archived from the original on June 6, 2022. They pulled on the belt, one boy on each side, until the belt broke. All Rights Reserved. To meet the second required showing, Cantu must demonstrate that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different, id. Finally and in the alternative, the district court determined that there was no reasonable probability of a different result had Cantu's counsel raised a due process objection to the photographs because other sources of evidence painted a vivid image of Cantu's brutality and otherwise amply supported a finding that Cantu committed capital murder. 2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. Point of error twenty-two is overruled. He was friendly and never met a stranger. 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. 81(b)(2); Harris v. State, 790 S.W.2d 568, 587-588 (Tex.Crim.App.1989); Smith v. State, 919 S.W.2d 96, 102-03 (Tex.Crim.App.1996). During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. Point of error nine is overruled. 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. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. Don't kill that child. Raul Omar Villareal and Efrain Perez were sentenced to death, but following the U.S. Supreme Court's 2005 ruling that executing criminals who were not yet 18 at the time of their crimes is unconstitutional, their sentences were commuted to life. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert. Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. His is . Here's a Rundown of Each Team Competing in STREET OUTLAWS - Discovery FN12. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. Therefore, if you find, or have a reasonable doubt thereof, that the defendant at the time of the commission of the offense for which he is on trial, was laboring under mental or physical incapacity caused by voluntary intoxication, then you may take such condition into consideration in mitigation of the penalty attached to the offense for which the defendant is being tried. denied, 501 U.S. 1259, 111 S.Ct. Texas Metal - Full Cast & Crew - TV Guide The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. The murder of the two girls, both students at Waltrip High School, became one of the most notorious crimes in modern Houston history. Joe Cantu had watched the group divide the girls small amount of cash and meager possessions and listened to them laugh and brag about the assaults. ), cert. Peter Anthony Cantu Executed for Jennifer Ertman and - CBS News "We can say its the end, but its never going to be closure," Adolfo Pena, Elizabeths father, said afterward. He was friendly and never met a stranger. When the jury was brought back in, the State again asked if the witness thought the killing of the two girls was funny. To meet the first required showing, Cantu must demonstrate that his counsel's representation was unreasonable as determined by prevailing professional norms in light of the case's facts as viewed at the time of counsel's conduct and in light of our strong presumption that counsel rendered adequate assistance. He was dearly loved and will be greatly missed by all who knew and loved him. ), 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. This version went into effect September 1, 1991. Cantu walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. 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. Your email address will not be published. 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. 84 Lumber | Building Materials - West Texas Home Builders Association 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). Banda v. State, 890 S.W.2d 42, 54 (Tex.Crim.App.1994), cert. Cantu; Pete Cantu; Texas; San Antonio; Pete Cantu in San Antonio, TX 19 results - Pete Cantu may also have lived outside of San Antonio, such as Laredo, Sinton and 2 other cities in Texas. 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. 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. They didn't have the luxury of having anybody intervene for them, and he wants you to don't kill this child. STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. Visit Website. Derrick Sean O'Brien was executed in July 2006. Point of error thirty-five is overruled. 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[.] He was charged with unlawfully carrying a weapon. denied, 510 U.S. 1215, 114 S.Ct. Penal Code 8.04, the trial court submitted the following instruction to the jury in the punishment charge: Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) In light of the district court's thorough analysis, we cannot say that reasonable jurists would disagree with that determination and, therefore, deny a COA on this issue. I dont believe anybody ever in their lifetime is going to forget this. Appellant alleges that this denial violated the Eighth Amendment. art. 463rd murderer executed in Texas since 1976. Two are serving life sentences after having their death sentences commuted because they were juveniles at the time of the murders. "Just a bad, bad case.". Cantu was the final of three men condemned to die for the murders. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. However, the protesters in attendance did little more than annoy the families. denied, 512 U.S. 1246, 114 S.Ct. Pete Cantu was a candidate for the Place 6 seat on the Donna Independent School District school board in Texas.Cantu was defeated in the by-district general election on November 8, 2016.. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. After the belt broke, the killers used her own shoelaces to finish their job. 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. 2253(c)(2). Michael A. Cantu - KCBD "He deserved to die, and 17 years later he died. 1. the circumstances of the capital offense, including the defendant's state of mind and whether he was working alone or with other parties; She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. FN8. 2023 Holmgreen Mortuary. At 6:09 p.m., lethal injection drugs entered Cantu's body. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. Points of error twenty-five through twenty-seven are overruled. 946, 952 (5th Cir.2004) (emphasis added); cf. Director 2 Credits. (10:41 PM CDT, August 17, 2010). In his petition for COA, Cantu argues that admitting the photographs violated due process-and, therefore, his counsel was ineffective-because the prejudicial effect of the photos greatly outweighed their probative value. County of Offense: Harris Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. Cantu declined requests for interviews prior to his execution. Point of error twenty-four is overruled. Second, given the extent of the other evidence supporting Cantu's conviction, reasonable jurists would not disagree with the district court's determination that Cantu has not shown that he was prejudiced by his counsel's failure to raise a due process objection. It affected more than just Melissa and me and Randy and Sandy.". Murders of Jennifer Ertman and Elizabeth Pea - Wikipedia Both Tison and Enmund were concerned with the implementation of the death penalty on defendants who were not proven to have an intent to kill. Focus for the victims' families now turns to the remaining three killers. Penal Code Ann. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. We think about those girls every day. Eduardo Munoz, 20, is accused of robbing the same store four times Dec. 14 and one the fifth attempt he was arrested. Roofing, Home Builders, Additions, Home Theaters, General Contractors. All Filters. Media Advisory: Peter Cantu scheduled for execution. 84 Lumber. Education: GED 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). 78 and Loop 1604. * that appellant created problems in school by fighting and cursing; In fact, death row rules were changed to allow families to watch executions because of this case. PEDRO CANTU - Pleasanton Express 1997). Seventeen years is a long time to have something eating on you like that. The Antiterrorism and Effective Death Penalty Act (AEDPA) requires a petitioner to obtain a COA in order to appeal the district court's denial of his habeas petition. Further, he asserts that there exists a reasonable probability that the result of the proceeding was affected by the graphic nature of the photographs. "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. 95, 126 L.Ed.2d 62 (1993); Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). Antonio Arizola Cantu of San Antonio, Texas - Hurley Funeral Home Later Cantu and his accomplices were said to have joked about the brutal killings. Moore v. State, 935 S.W.2d 124, 130 (Tex.Crim.App.1996). Medellin and O'Brian each apologized prior to their respective executions, but Pena said he did not expect an apology from Cantu on his deathbed and he was not surprised when he did not get one. 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. The gang then drank beer and engaged in horseplay. Please spare his life. 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. This Court has held that, when challenging the constitutionality of a statute: 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. "Randy and Sandy have been through enough theres nothing left for them to say," Stacey said. At age 11, he got caught stealing a bike from a younger boy. Proc. 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. Once dead, the girls' bodies were left in the woods, and the gang members proceeded to Cantu's home, where they bragged of their crime to Cantu's brother and sister-in-law. 2052. Further, the overwhelming balance of evidence adduced at trial corroborated Cantu's second statement: (1) Roman Sandoval, a fellow gang member, stated that Cantu called him and confessed to the murders; (2) additional gang members stated that they were following whatever Peter Cantu was doing; (3) Venancia Medellin, a gang member, testified that after he raped Ms. Ertman, Cantu whispered in his ear that [w]e're going to have to kill them, and that Cantu then directed the gang to bring the girls into the woods; and (4) while some of the gang members, including Cantu, recounted the events of that evening to Cantu's older brother Joe and his wife Christina, one gang member described how Cantu kicked one of the girls in the face with his steel toe[ ] [boots] while Cantu commented that [t]he bitch wouldn't die so I stomped on her neck and that the girls had to die [so] they couldn't identify them.. ** 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: 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. Christina noticed that Villareal was bleeding and that Perez had blood on his shirt and asked them what happened. 74(f). Pete Cantu. Barnes, 876 S.W.2d at 322. Article 37.071 2(e) yields further support to this interpretation in that it requires the court to instruct the jury to take 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 (emphasis added) in determining whether sufficient mitigating circumstances exist to warrant a life sentence. Anderson v. State, supra, at 509-10. You are further instructed that if there is any testimony before you in this case regarding the defendant's having committed offenses other than the offense alleged against him in the indictment, you cannot consider said testimony for any purpose unless you find and believe beyond a reasonable doubt that the defendant committed such other offenses, if any were committed, and even then you may only consider the same in determining the answers to the special issues. You are instructed that, in considering the mitigating factors in answering the special issues, you are to consider the Defendant's youth as a mitigating factor.. Here, the district court explained, the prosecution introduced the photographs while doing just that-describing the condition of the corpses, explaining the process of identifying the bodies, and verifying the statements made by Cantu and others. 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. 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. When Cantu looked away, Ertman yelled at him, "Look at me look at me good!".
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