Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. "Three of the animals that did this are gone. For 24 years, Metal Depot has been serving Southeast Texas with the best quality metal materials for commercial, industrial, and residential needs. ), cert. I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. Find your friends on Facebook. Proc. PEDRO CANTU OBITUARY Pedro "Pete" Cantu Jr. passed away at 7:00 AM Tuesday, March 19, 2019 at Our Lady of the Lake Regional Medical Center in Baton Rouge at the age of 63 surrounded by his. For the following reasons, we decline to issue a COA on any of those issues. 2052, and, notably, the mere possibility of a different outcome is not sufficient to prevail on [this] prong, Crane v. Johnson, 178 F.3d 309, 312 (5th Cir.1999). In his thirty-fourth point of error, appellant complains that neither he nor his trial counsel was given the opportunity to enter a plea of not guilty to the jury; thus, he contends, his conviction is void ab initio. Please spare his life. He is preceded in death by his brother, Ralph Cantu Rodriguez; uncle, Richard Perez Rodriguez; aunt, Mary Ann Ortiz. In light of this, we look to the record in the present case and review the evidence in the light most favorable to the verdict to determine whether a rational jury could have found sufficient evidence that appellant would probably be a danger in the future. 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: 2113, 147 L.Ed.2d 125 (2000) (emphasis added). After Raul fought all of the members, he was welcomed into the gang. 1337, 127 L.Ed.2d 685 (1994). 2556, 135 L.Ed.2d 1074 (1996). at 2609. 1029, 154 L.Ed.2d 931 (2003). Each of these requested charges should have been submitted to the jury to correct the otherwise unconstitutional nature of the issue on mitigation as discussed in Point of Error Fourteen. Two of the six assailants had their death sentences commuted to life in prison when the U.S. Supreme Court barred capital punishment for those who commit crimes under the age of 18. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. The 14-year-old, Venancio Medellin, was handled in juvenile court and given the maximum sentence, split between juvenile and adult prison facilities. 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. 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. However, the Supreme Court also held that the State has a legitimate interest in countering this individualization of the defendant by reminding the jury that the victim, also, was an individual whose death represents a unique loss to society and to his or her family. Just 18 years old at the time, he led a gang of five other teens to repeatedly rape and murder Ertman and Pena. Feb.4, 2009). Four days after the murders, Christina Cantu convinced her husband to call the police. While a police helicopter was flying over the park, Cantu called 9-1-1 and told them to look on the other side of the bayou. [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. Peter Anthony Cantu, 35, was executed by lethal injection on 17 August 2010 in Huntsville, Texas for the rape and murder of two teenage girls. BCSO spokesman Roseanne Hughes. 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. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. Pete Cantu Rodriguez Obituary (1964 - 2020) | San Antonio, Texas The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. Valerie Nicole. Date Received: 03/18/94 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 appellant's bedroom. Log In. 2187) (omission and alterations in original). The class is further limited in that the death penalty cannot be imposed on an individual convicted of capital murder unless the jury answers the special issues in the manner described in Article 37.071, Section 1, Code of Criminal Procedure. First, he asserts that he received ineffective assistance because his trial counsel failed to object on due process grounds-though counsel did object on evidentiary grounds-to the court's admitting photographs of the victims' bodies and of the crime scene as found by the investigators. Failure To Object To Prosecution's Argument. His second requested charge is also a misstatement of the law in that Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. At 11:30 p.m., Jennifer and Elizabeth decided to head for Elizabeth's house where Jennifer would then call a taxicab to take her home. 463rd murderer executed in Texas since 1976. Points of error twenty-five through twenty-seven are overruled. Raul was an acquaintance of Efrain and was not known to the other gang members. See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert. C. Texas's Mitigating Evidence Instruction. Look at the evidence. A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. Ertman made the drive here four years ago for the first execution. denied, 510 U.S. 905, 114 S.Ct. Additionally, in this case, I point out that appellant elicited testimony from an expert witness about studies indicating that the defendant who serves 35 calendar years in the Texas Department of Corrections before becoming parole eligible is less violent than the inmate who is paroled sooner; i.e. Cantu then parceled out jewelry and money he had taken from the girls. [THE STATE:] During this time when they're saying what they did to the girl, what's [appellant] doing or saying? He told the call taker that the missing girls' bodies could be found near T.C. 596, 111 S.W. See, Article 36.14, V.A.C.C.P.-The trial court shall deliver to the jury a written charge distinctly setting forth the law applicable to the case [. ", Maria Frausto said she often says a small prayer when she jogs past the memorial. Ertman got away, but Medellin grabbed Pena and dragged her down off the hill. He became notorious for trying to kick a TV cameraman recording his arrest. Hence, the second prong of Rousseau was not met in this instance either, and appellant was not entitled to a lesser-included charge of murder. the Art. Cantu jumped out of the car and continued to run on foot, Hughes said. Cantus execution was the third connected with the case. 2934, 106 L.Ed.2d 256 (1989). Of the six people convicted, five were sentenced to death. * that appellant threatened a woman and broke a window at her home; 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. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). Point of error twenty is overruled. Expressions of sympathy may be sent at www.schaetter.com. denied, 508 U.S. 963, 113 S.Ct. Gentry v. State, 770 S.W.2d 780 (Tex.Crim.App.1988), cert. 52(a). Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. Michelle Licon Cantu currently resides in Lubbock, Texas. The State can talk all day long about what a horrible person he is and how these girls, those children. Those children suffered a brutal killing. Your email will not be used for any other purpose. In Texas, low oil prices have flatlined the growth in some fortunes, like that of San Antonio natural gas tycoon Rod Lewis . He is preceded in death by his brothers, Alcardo Cantu, Jesus Cantu III; maternal grandfather, Juan Santos Acuna, and paternal grandparents, Jesus Cantu Sr. and Olivia Cantu. denied, 513 U.S. 1021, 115 S.Ct. See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. 705 (1992). 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. "I think they should file some more charges," Cathy Lopez, Patricia Lopez's mother-in-law, said. on 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. denied, 513 U.S. 861, 115 S.Ct. 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. denied, 490 U.S. 1102, 109 S.Ct. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. 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. Appellant raises forty-five points of error. Fourteen-year-old Venancio watched as the others raped both girls orally, vaginally, and anally until appellant told him that he should get some. The girls were still being raped when appellant whispered to Venancio, We're going to have to kill them. When everyone was finished, appellant told them to take the girls to the woods where they proceeded to strangle them. 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. Seven minutes later, O'Brien was dead. In this regard, this point is inadequately briefed and presents nothing for our review. After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. Does that cause the defendant's behavior? He was nice enough to ask permission from a contractor working next door before doing the deed, according to an arrest warrant affidavit. Five French citizens were arrested at the Bexar County Courthouse after a silent alarm alerted authorities at about 1 a.m. that someone was using one of the historic building's fire escapes. 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). After entering through a window on the fourth floor, two intruders were seen on surveillance video swiping an oversized ceremonial gavel from a judge's bench and later donning sombreros found in a Bar Association storage closet. Excessive . [DEFENSE:] Excuse me, [prosecutor's name omitted]. This murder was unsolved until after O'Brien was arrested for the murder of Jennifer Ertman and Elizabeth Pena. They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. Peter Anthony Cantu is a 35 year old Hispanic male, scheduled to be executed on August 17th in Texas. 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. Read more about the life story of Pete and share your memory. Randy commandeered the news van and went to the scene that was now bustling with police activity. ADDITIONAL LINKS Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal 1317, 131 L.Ed.2d 198 (1995). See Heitman, supra. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated: Murders of Jennifer Ertman and Elizabeth Pea - Wikipedia A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. Alize Nio) 6.el sabado 7.no te preocupes (tejano) 8.extrao. 106, 133 L.Ed.2d 59 (1995). Research has proven that the death penalty (fighting violence with violence) fails to prevent, deter or reduce vio 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. Race: White "They are still in our hearts and prayers.". The instant case is distinguishable from Payne, Ford and Smith as Pena was not the victim named in the indictment. (10:41 PM CDT, August 17, 2010). 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. We therefore deny a COA on this issue. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. As that Court stated: Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. Estimate Request Form VICTORIA John M. Cantu Sr., 69 years of age, passed away Saturday May 29, 2021 at 10:40pm. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. 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. 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. at 1096, clearly indicated that an indigent defendant does not have a constitutional right to receive funds to hire his own expert. 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". Mines was remanded by the United States Supreme Court for review in light of Johnson v. State, 509 U.S. 350, 113 S.Ct. "Its good that they wont be forgotten," Frausto said. Garcia v. State, 887 S.W.2d 846, 859 (Tex.Crim.App.1994), cert. ), cert. They were friends who attended the same high school in Houston, Texas, Waltrip High School. At this point, Roman and Frank Sandoval decided to leave. "Just a bad, bad case.". "I was the last parent to have seen them," she said. 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. Maybe some satisfaction, but never closure.". However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. Point of error nine is overruled. Anderson v. State, supra, at 509-10. He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. Done purely to prevent him being caught for the crimes that had been done. 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. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. 3230, 106 L.Ed.2d 578 (1989). 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. 19.03(a)(2). [I]t is incumbent upon the defendant to show that in its operation the statute is unconstitutional as to him in his situation; that it may be unconstitutional as to others is not sufficient. pete cantu texas metal Booty Patrol' truck spotted in South Texas, San Antonio woman shows strength of single moms on 'Naked and Afraid', Kyle to open first Costco Wholesale this March, Former Boerne quarterback allegedly gave plays to other XFL teams, A one-of-a-kind Hill Country rooftop bar will be a cowboy's dream, WATCH: Drunk driver attempts to flee crash that killed a Texas cop, Massive alligator shocks South Texas locals in Atascosa County. In hearing these comments, appellant consistently agree[d] with his cohorts' renditions of the evening's events. Sound rental, Band booking, Guitar and Bass lessons. (Aug. 17, 2010, 10:41PM). Thus, if in your judgment, a mitigating circumstance independently calls for a life sentence even though it also tends to support a yes answer to a Special Issue, you must not answer the Special Issue yes, but rather you should answer it no. 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. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. 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. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. denied, 501 U.S. 1259, 111 S.Ct. 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 Sheriffs Office. Appellant walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. See Heitman v. State, 815 S.W.2d 681 (Tex.Crim.App.1991). Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. He lasted through three fights before briefly losing consciousness. Appellant's tenth and eleventh points of error are overruled. The police searched the park without finding anything. 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. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Accordingly, I continue to dissent to the majority's continued analysis of this issue and treatment of points one through four, but concur in the result. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. [APPELLANT:] May we have a running objection to the out of court statements, judge? One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." Next, the older boys raped the two girls for about an hour while Venancio watched. In Memory of Peter Cantu Infamous Houston Murders Still Shock After Decades | Houston Press Roman told Cantu that he did not rape or kill girls. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. 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. 2597, 115 L.Ed.2d 720 (1991), the United States Supreme Court recognized that prior jurisprudence dictates that a capital defendant must be treated as a uniquely individual human being. Payne, 501 U.S. at 822, 111 S.Ct. Points of error eighteen and nineteen are overruled. | ", Randy and Sandra Ertman did not speak to the press. Log in or sign up for Facebook to connect with friends, family and people you know. Enter 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? Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. On death row, Cantu, now 35, was classified among the best-behaving inmates. 4. the existence of a prior criminal record, and the severity of the prior crimes; Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. A drunken O'Brien had told Patricia that if she did not cause him to have an erection through oral sex, he would kill her. Pete Cantu. Your email address will not be published. Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. The Forbes 400 net worth cut off this year was a record-high $2 billion. Several of Ertman's ribs were broken from being kicked. Both of these claims are governed by the familiar Strickland standard. 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. All of the boys then took turns stomping on both girls' necks to make sure they were dead. 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.. FN7. For the following reasons, we deny a certificate of appealability on all of the issues that he raises. For the foregoing reasons, Cantu's application for a COA is DENIED. 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. Furthermore, any error, assuming there was error, was harmless. Proc. Thus, we turn to an analysis of whether the second prong of the test is met for any of the requested lesser included offenses. 2253(c)(2). 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. 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 decline to revisit this issue here. 22 posts. In fact, while Rousseau actually addressed the pre-1991 version of the statute, we noted that the Interpretive Commentary to the revised 1991 statute, under which appellant was tried in the instant case, stated that the revisions foreclosed the potential for a challenge to the statute based upon Mills v. Maryland, 486 U.S. 367, 108 S.Ct. The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. "I told him to stick it. Citations: denied, 491 U.S. 910, 109 S.Ct. His proposal is based upon a similar study undertaken in Illinois in which an expert found that jurors did not understand the Illinois punishment statutes. 2630, 129 L.Ed.2d 750 (1994). The Court opined that victim impact evidence is designed to show the victim's uniqueness as a human being and the state has legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to his family. Payne, 501 U.S. at 825, 111 S.Ct. We have previously addressed and rejected constitutional challenges to prior Article 37.071(g) on numerous occasions. OBrien was executed in 2006 and Medellin in 2008. The charge given was as follows: In point three, appellant avers that the trial court erred in prohibiting him from introducing testimony that he would have to serve 35 calendar years before becoming parole eligible if sentenced to life imprisonment. 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. FN6. The phone transferred the photos to her online account, and she shared them on Facebook. In the instant case, it is evident the prosecutor did not inject any new facts into the proceeding, much less new facts that could be deemed prejudicial or harmful. Hair Color: Black