37.071, 2(e)(1) (1991). "It's a little late," Ertman said. Peter Anthony Cantu (AP Photo/Texas Dept. United States v. Branch, 91 F.3d 699, 713 (5th Cir.1996) (in discussing the amount of evidence that is sufficient to require an instruction on self defense, the court considered Beck and other cases addressing lesser-included-offense instructions and stated that it is not enough that an item of evidence viewed alone and unweighed against all the evidence supports the instruction sought by the defendant). denied, 513 U.S. 1157, 115 S.Ct. Date of Offense: 06/24/93 2023 Holmgreen Mortuary. This Court has held that, when challenging the constitutionality of a statute: denied, 515 U.S. 1105, 115 S.Ct. Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. This murder was unsolved until after O'Brien was arrested for the murder of Jennifer Ertman and Elizabeth Pena. 3230, 106 L.Ed.2d 578 (1989). 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. Points of error one through four are overruled.FN3. Joe Cantu also testified appellant agreed with everything that was being said about the rapes and killing, nodding his head and saying, [Y]eah daddy, you got it.. Hence, appellant's first and third requested charges set out above would have been misstatements of the law. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. 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. BSCO is seeking any information on the two suspects shown in the video. McFarland v. State, 845 S.W.2d 824, 844 (Tex.Crim.App.1992), cert. However, evidence as to her good character, activities she enjoyed and the impact of her on her family is not relevant as appellant was not on trial for her murder and such evidence serves no purpose other than to inflame the jury. ), cert. on 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? THE COURT: Overruled. 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. 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. OVERSTREET, Judge, concurring and dissenting. After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. Pleasanton Express Staff Log In. In memory of Peter Cantu 27.05.1975 - 17.08.2010. . 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). denied, 506 U.S. 999, 113 S.Ct. We hold that such evidence is irrelevant under Tex.R.Crim.Evid. [WITNESS:] Yes. denied, 516 U.S. 832, 116 S.Ct. Required fields are marked *. Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. "We could have put all of them in prison for life. When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". 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. FN7. In his thirty-fifth point of error, appellant complains that the trial court erred in failing to give the jury instructions on the lesser-included offenses of murder, sexual assault, robbery, and kidnapping. DR#: 999093 Point of error nine is overruled. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. He became notorious for trying to kick a TV cameraman recording his arrest. 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. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. 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. 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 In related point of error twenty-four, appellant claims that the trial court erred in not including in the punishment charge special verdict forms listing the elements of each unadjudicated offense admitted by the State. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: Raul was an acquaintance of Efrain and was not known to the other gang members. He did not look toward the witnesses and made no last statement. We decline to revisit this issue here. The district court noted that the prosecution was seeking to counteract Cantu's mitigating evidence by bringing attention to the victims and comparing the legal process by which Cantu might receive a death penalty to the brutality of the murders committed by Cantu. 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. Moore v. State, 935 S.W.2d 124, 130 (Tex.Crim.App.1996). Point of error forty-five is overruled. Indeed, we have rejected this argument recently. 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. denied, 516 U.S. 1021, 116 S.Ct. "Its good that they wont be forgotten," Frausto said. 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. 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. Eventually, all of the individuals who participated in the gang rape and murder were arrested and most of the jewelry was recovered, including some from Cantus bedroom. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. Perhaps 100 yards away, a handful of death penalty opponents spoke over a loudspeaker against Cantus execution and the states system of capital punishment, the most active in the nation. 106, 133 L.Ed.2d 59 (1995). Pedro "Pete" Cantu, Jr. passed away at 7:00 a.m. on Tuesday, March 19, 2019, at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his loving family. 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. Patrick Myatt . At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. 1029. To this day, Houstonians remember the girls' names and what happened to them. For the reasons stated in my dissents in Rhoades v. State, 934 S.W.2d 113 (Tex.Cr.App.1996); Anderson v. State, 932 S.W.2d 502 (Tex.Cr.App.1996), and Morris v. State, 940 S.W.2d 610 (Tex.Cr.App.1996), I dissent to the majority's treatment and discussion of points one through four. This is a carousel. The Supreme Court has also expressed approval of this method of instructing the jury concerning the consideration of mitigating evidence. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. 1676, 95 L.Ed.2d 127 (1987). A jury found Peter Cantu guilty of capital murder in February 1994 and sentenced him to death. 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. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. * that appellant made threats at a hospital and in jail. How they were mutilated, brutalized for perhaps as much as an hour. Texas Execution Information Center by David Carson. The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. . [WITNESS:] When one of them said, I made her suck my dick, he said, oh, yeah, I did that. Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. Cantu argues that the latter standard in Neal is too onerous; however, he made no such argument to the district court in his habeas petition. ), cert. The police traced the 9-1-1 call to Cantu's home. "I think they should file some more charges," Cathy Lopez, Patricia Lopez's mother-in-law, said. This we decline to do. On death row, Cantu, now 35, was classified among the best-behaving inmates. 463rd murderer executed in Texas since 1976. By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. February 19, 2014. As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. Choose one of our three Metal Depot locations in Southeast Texas for all of . While this standard may be met if the evidence would permit a finding contrary to that establishing Cantu's participation in the actual murders, see Aguilar, 428 F.3d at 531, our interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense, Campbell v. Dretke, 117 Fed.Appx. They have also lived in Marion, TX. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? Other than reurging his assertion that his trial counsel rendered ineffective assistance for failing to object to the prosecution's argument, Cantu raises no additional argument in his petition for COA. Specifically, appellant complains of the following argument: 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. Specifically, appellant requested the following instructions: These complaints occurred at punishment, and thus had no effect upon guilt/innocence. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. 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. The grief-stricken family of Rene Cantu wielded a concrete chunk to hammer a white cross into the ground to mark where on Montrose Boulevard he was shot to death. They should have hung them. See 466 U.S. 668, 687, 104 S.Ct. When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. She walked to a nearby convenience store, and called someone to come and help her. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. 1756, 95 L.Ed.2d 262 (1987). Man arrested after police say he stole vehicle of deputy who was chasing him on foot, More than 21K CPS Energy customers lose power due to storms, Texas mom accused of killing her children has history of violence, Pedro Cantu III booking photo from Guadalupe Co. Some carried signs but none chanted or spoke loudly. Please submit missing details you may have. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. 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 sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. Appellant alleges that this denial violated the Eighth Amendment. at 694, 104 S.Ct. "I think whatever they did, no matter how much there is, they should stand trial for every single thing." 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. Two other inmates have 2010 execution dates. The vague references to 35 years in questioning the above-discussed witness were certainly not sufficient to inform the jury of the law. denied, 495 U.S. 940, 110 S.Ct. at 688, 690, 104 S.Ct. Id. The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. [THE STATE:] Who said we had to kill them? Follow. denied, 514 U.S. 1117, 115 S.Ct. Appellant argues, in essence, that the prosecutor misstated the law. In that case, a 27-year-old woman was found at a Houston park with her throat cut. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. However, none of these cases stand for the proposition that this plea must be made by appellant or his counsel, personally. Furthermore, any error, assuming there was error, was harmless. Martinez was appellant's second witness at the punishment phase of trial. On the night of June 24, 1993, this gang met to initiate a new member, Raul Villareal. Your email will not be used for any other purpose. ), cert. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. * * * See Sonnier, supra. However, we reaffirmed the original holding on appeal. Loved ones left to cherish his memories are his daughter, Victoria Munguia; mother, Maria Olga Acuna; father, Jesus (Avela) Cantu, Jr. both of Orange Grove, Texas; siblings, Miguel Cantu (Richard Stanley) of San Antonio, Texas, Lisa (Ricardo) Lopez Jr., of San Antonio, Texas, Richard Acuna, Sara Acuna, and Stacey Acuna all of Orange Grove, Texas; step brothers and sister, Freddy Sanchez, Adam Sanchez, Daniel Sanchez, and Miguela Sanchez; grandmother, Margarita Acuna; and numerous nephews and nieces. The indictment or information shall be read to the jury by the attorney prosecuting. denied, 516 U.S. 946, 116 S.Ct. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993.The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers. Specifically, he alleges that denying jurors the knowledge that appellant would have to serve at least 35 years in prison before becoming eligible for parole if sentenced to life in prison results in the arbitrary imposition of the death penalty in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 10, 13, and 19 of the Texas Constitution. All of his subsequent appeals in state and federal court were denied. For instance, a special instruction is not mandated under our law requiring a jury to affirmatively answer whether they believed witness A, but not witness B. "He's a guy who fully accepts his responsibility.". Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. Robertson, supra. This guy is more than just a car's outer appearance. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. ), cert. Jester Park at White Oak bayou. This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. Several of Ertman's ribs were broken from being kicked.