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Even if one disregards the evidence of extraneous offenses, the evidence remaining was sufficient to support the jury's affirmative finding as to the future dangerousness special issue.FN11 Appellant's points of error twenty-one and twenty-three are overruled. 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. Mr. Cantu is survived by his wife: Dominga Arizola Cantu of Luckenbach; six daughters, six sons and spouses: Frank and Estella Cantu, Tina and Martin Perez, Vincent and Benita Cantu all of Fredericksburg, Leandro and Sylvia Cantu of Llano, Martha and Julian Cantu of Stonewall, Abel and Jeraldine Cantu, Abelia Cantu of Fredericksburg, Porfie Cantu, of Austin, Oralia and Henry Sorola, Beatrice and Damian Rosa, Emma and Pastor Robert Garcia of Fredericksburg, Monroe and Rebecca Cantu of Montana; 41 grandchildren, 84 greatgrandchildren, five great-greatgrandchildren; three sistersin law: Tomasa Cantu, Andrea Cantu, Patrocina Cantu. Medellin and O'Brien wrapped O'Brien's red nylon belt around Ertman's neck. Finding no reversible error, we affirm the judgment of the trial court. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. 5. the defendant's age and personal circumstances at the time of the offense; * that appellant created problems in school by fighting and cursing; Point of error twenty-nine is overruled. 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. 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. Point of error thirty-one is overruled. 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. Unfortunately, he revealed on Instagram . Justice Blackmun's basic argument is that the capital sentencing procedures are unconstitutional because they are produced by paradoxical commands: allowing the jury to consider all types of relevant mitigating evidence, while, at the same time, requiring structured discretion in sentencing. Points of error thirty-seven and thirty-eight are overruled. 74(f). He was friendly and never met a stranger. Id. Thirty-five-year-old Peter Anthony Cantu was strapped to a gurney in the Huntsville Unit prison death chamber and given a lethal injection Tuesday evening as relatives of his victims, Jennifer Ertman and Elizabeth Pena, looked on. 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. Contractors DirectoryInformation on every contractor in United States. Even if the statements that were made in the presence of appellant were hearsay, they were admissible under Tex.R.Crim.Evid. You know, if you got the law you argue the law, if you got the facts you argue the facts, if you don't have either the law or the facts you don't have anything. We will affirm. Point of error forty-three is overruled. However, no such evidence exists. And then ask yourself another question. 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. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. 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:] May we have a running objection to the out of court statements, judge? The boys then ran after the girls and grabbed them. In hearing these comments, appellant consistently agree[d] with his cohorts' renditions of the evening's events. Proc. To this day, Houstonians remember the girls' names and what happened to them. Of the six people convicted, five were sentenced to death. 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.. 2/4/09 -- The federal district court denied relief. See Woods, 75 F.3d at 1039. Christina noticed that Villareal was bleeding and that Perez had blood on his shirt and asked them what happened. denied, 516 U.S. 843, 116 S.Ct. 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. Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. He was friendly and never met a stranger. On December 13, 2006, the Texas Court of Criminal Appeals likewise denied Cantu's state habeas application after it adopted the trial court's findings of fact and conclusions of law in an unpublished order. 2. 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. Height: 5' 06" I dont believe anybody ever in their lifetime is going to forget this. He was dearly loved and will be greatly missed by all who knew and loved him. Log In. [WITNESS:] At that time [appellant] walked in, and when he walked in they were still talking about it, and [appellant] didn't say he did anything except he just kept agreeing with it. FN8. Point of error forty-five is overruled. Dinkins v. State, 894 S.W.2d 330, 356 (Tex.Crim.App. We decline to revisit this issue here. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. In related point of error thirty-one, appellant avers that the trial court erred in denying his requested charge informing the jury that he would receive a life sentence should they fail to agree on the answer to any one of the punishment issues. Pete Cantu Rodriguez, born on January 16, 1964 in San Antonio, TX was called to be with The Lord on August 19, 2020 at the age of 56. His offenses escalated to car theft and an attempted stabbing. HUNTSVILLE The legal saga that began several days after the horrifying murder of two teenage Houston girls in 1993 came to an end Tuesday night with the execution of Peter Anthony Cantu, a former gang leader who all but ordered the execution of Jennifer Ertman and Elizabeth Pena. "Just a bad, bad case.". The court shall charge the jury that in answering the issue submitted under Subsection (e) of this article, the jury: The vague references to 35 years in questioning the above-discussed witness were certainly not sufficient to inform the jury of the law. Police traced the 911 call to the Cantu home, and Joe passed on what he knew. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. Pleasanton Express Staff 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. 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. Pete will be remembered for his infectious laugh and loving personality. 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. Not soon enough. Select the best result to find their address, phone number, relatives, and public records. All Rights Reserved. Appellant asked for a running objection as to this line of questioning. at 2609. 74(f). at 336, 123 S.Ct. Ertman tried to help. 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). 2253, 132 L.Ed.2d 260 (1995). Point of error twenty-four is overruled. I suspect that it's something you will never ever forget if you never see these photos again, but if you want to see, if you want to start thinking about don't kill that child, don't kill that child, think about the two children in here that all you got left of them is right here. (Aug. 17, 2010, 10:41PM). 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. The off-duty deputy, who was charged with driving while intoxicated, had fallen asleep inside the Whataburger before he was found asleep again by a Universal City police officer this time behind the wheel of a running pickup with a cold, open tall boy.Read more: Police: Deputy arrested for DWI ordered burger, fell asleep. After considering the prosecution's argument in the context of the argument made by Cantu, the district court determined that the state court did not unreasonably apply federal law in denying this claim. Appellant has shown no particularized need for this study. Looking at the evidence in the light most favorable to the jury's verdict, the record reveals the following facts: Appellant was the self-appointed leader of a gang called the Black and Whites in Houston. He was not eligible for the death penalty because of his age, and he did not participate in the murders. Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? Sonnier v. State, 913 S.W.2d 511, 520-21 (Tex.Crim.App.1995); McFarland v. State, 928 S.W.2d 482 (Tex.Crim.App.1996). The break in solving the case came from, of course, the 911 call. 2009). We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction. Her family was present at his trial for the June murders. ), cert. Appellant does not here argue that the extraneous offenses should not have been admitted. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. 2934, 106 L.Ed.2d 256 (1989); Johnson v. Texas, 509 U.S. 350, 113 S.Ct. Retrieved June 3, 2022. We hold that such evidence is irrelevant under Tex.R.Crim.Evid. 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. Antonio "Tony" Arizola Cantu 74, passed away on Sunday, June 13, 2021, in San Antonio. 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. See also Green, supra. In support of his argument, appellant explains that prior to trial, he filed a Motion to Provide Funds for Expert Assistance-Jury Study. By his motion, appellant proposed that the trial court should provide him funds with which he could hire a scholar who would study a sample of jurors and their understanding of the special punishment issues. To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. As we set out previously, the Supreme Court recently held that, once the jury finds that the defendant falls within the legislatively defined category of persons eligible for the death penalty, the sentencer may be given unbridled discretion in determining whether the death penalty should be imposed. He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. We have previously rejected this argument. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital. You are instructed that certain evidence introduced to you has been offered in mitigation of the Defendant's punishment. In fact, death row rules were changed to allow families to watch executions because of this case. Enter He was friendly and never met a stranger. We have already decided these issues against appellant. . As she was leaving, she was stopped by Joe Medellin, Peter Cantu and Sean O'Brien, who asked her to buy them some beer since they were underage. In related points of error fifteen, sixteen and seventeen, appellant argues that the trial court erred in denying his requested charges that the jury must give effect to mitigating evidence and that the jury must consider youth and mental health as mitigating. Does it rise to that level? [W]hy do you consider mitigation, that's because the courts allow you to individualize the justice. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. , 30, a security guard, was charged with burglary of a business he was hired to protect. Holdings: The Court of Appeals held that: Cantu, then 18, orchestrated the attacks and slaying. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. 946, 952 (5th Cir.2004) (emphasis added); cf. 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. Point of error thirteen is overruled. Rousseau v. State, 855 S.W.2d 666 (Tex.Crim.App. Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. 3230, 106 L.Ed.2d 578 (1989). Is there a connection between what they try to give to you as mitigation, is there some connection between that and the crime itself, when you think of what you discovered to possibly be mitigating. 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. The murder of the two girls, both students at Waltrip High School, became one of the most notorious crimes in modern Houston history. Tex.R.App.Proc. @pete.cantu.777. To begin, we note that the only evidence that appellant specifically complains about on appeal is the testimony of Pena's mother at the punishment phase of trial. 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). denied, 510 U.S. 1215, 114 S.Ct. 705 (1992). 381, 121 L.Ed.2d 292 (1992); Teague v. State, 864 S.W.2d 505, 519 (Tex.Crim.App.1993); Adanandus v. State, 866 S.W.2d 210, 234 (Tex.Crim.App.1993), cert. 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. For the following reasons, we decline to issue a COA on any of those issues. 871, 79 L.Ed.2d 29 (1984), have held that such a review is not required under the Eighth or Fourteenth Amendments to the United States Constitution. Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. "I think they should file some more charges," Cathy Lopez, Patricia Lopez's mother-in-law, said. ), cert. See Photos. See Free v. Peters, 806 F.Supp. That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. Native County: Harris 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. Ertman will stand a few feet away, watching again through the window. 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. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. denied, 492 U.S. 912, 109 S.Ct. 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. The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. Thus, reasonable jurists would not disagree with the district court's determination that the state court's conclusion was not an unreasonable application of federal law. 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. Now, Cantu seeks a COA on five of the issues he raised below. The sixth was convicted as a juvenile and is serving a 40-year prison term. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. Though some of the assailants had little previous brushes with the law, Cantu by the age of 18 had given plenty of indication he was headed for trouble. Archived from the original on June 2, 2022. 440, 256 S.W.2d 86, 88 (1953); Tutor v. State, 599 S.W.2d 818, 819 (Tex.Crim.App.1980). And 17 years later he died not soon enough. Jester Park. Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. 78 and Loop 1604. A little knowledge of routine vehicle maintenance may have kept. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. The indictment or information shall be read to the jury by the attorney prosecuting. 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 nine is overruled. There is no evidence that must be viewed by a juror as being per se mitigating. Penal Code 8.04, the trial court submitted the following instruction to the jury in the punishment charge: Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. [WITNESS:] [Appellant], Joe, Junior and Raul. ), cert. In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 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. 81(b)(2). [THE STATE:] They were all saying that? See Photos. denied, 511 U.S. 1100, 114 S.Ct. Jose Medellin was executed in August 2008. ] (Emphasis added.). For a rational jury to find that appellant was guilty only of sexual assault, robbery, or kidnapping, there must be some evidence in the record that appellant did not intend to kill the victim. 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. denied, 516 U.S. 832, 116 S.Ct. $26.50 paid to City of San Antonio, Texas, Description: See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert. * * * Your email address will not be published. The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief. Occupation: Laborer 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. 4/21/10 -- The 178th District Court set Cantus execution date for August 17, 2010. This time, it will be the lethal injection on Tuesday of Peter Anthony Cantu, the leader of the five young men who were sentenced to die for the June 1993 murders of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena. 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. In light of the record as a whole, the error in precluding the jury from being informed about the parole ineligibility provision was no doubt harmless. 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. Article 37.071 2(f)(4) defines mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. (Emphasis added.) FN11. His is . at 826-28, 111 S.Ct. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. In concluding that the state court did not unreasonably apply clearly established federal law, the district court explained Simmons's limited holding-that when the alternative sentence to death is life without parole due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention. Cantu, 2009 WL 275172, at *6 (quoting Simmons, 512 U.S. at 169, 114 S.Ct. How they were mutilated, brutalized for perhaps as much as an hour. denied, 510 U.S. 997, 114 S.Ct. The Texas Court of Criminal Appeals affirmed Cantu's conviction in a direct appeal on January 29, 1997. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. Ex parte Cantu, No. Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. 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. "Parents always worry about their kids, especially their daughters.". Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu. They had spent the evening drinking beer and then "jumping in" Raul. denied, 513 U.S. 861, 115 S.Ct. The police traced the 9-1-1 call to Cantu's home. 95, 126 L.Ed.2d 62 (1993); Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. 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. See Lawton, supra; see also McFarland, supra. Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. 7. psychiatric evidence; and 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. Under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), the failure to object to an included charge waives all but egregious error. He told Venancio to stay behind, saying he was "too little to watch." Penal Code Ann. The boys then began strangling the girls. Jose Medellin was executed in August 2008. Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. ADDITIONAL LINKS Cantu then parceled out jewelry and money he had taken from the girls. Texas Rule of Criminal Evidence 610(b) provides: a witness may be cross-examined on any matter relevant to any issue in the case, including credibility. The trial court has discretion as to the extent of cross-examination of a witness for the showing of bias or as to credibility, and its decision is not subject to reversal on appeal absent a clear abuse of discretion. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. Enchiladas, fajitas and a cinnamon bun. FN3. Visit Website. 381, 121 L.Ed.2d 292 (1992). "Three of the animals that did this are gone. At the guilt/innocence phase of the instant case, the jury was specifically charged that they could not find appellant guilty of capital murder unless he intentionally murdered the victim or intentionally assisted in the commission of the murder and the aggravating offense. HUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening.