* * * She'd been raped and eviscerated. Barnes, supra. , 45, was charged in the theft of more than $6,400 in sausage from the Kiolbassa Provision Company. 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. As the factfinder, the jury is free to determine which witnesses it finds to be credible and what evidence it deems to be believable. He told the police that the girls' bodies could be found in T.C. Cantu was described as the leader of small gang known as the Black and Whites. In regard to points twenty-one and twenty-three, appellant argues that the jury should have been required to identify which unadjudicated offenses they found appellant had committed.FN10 Because they did not, appellant contends, this Court is unable to consider the unadjudicated offenses in its evaluation, thus barring a review of the sufficiency of the evidence of the punishment issues. Article 37.071 2(h). Proc. Sheet Metal Worker. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. When the jury was brought back in, the State again asked if the witness thought the killing of the two girls was funny. FN2. Pulled this out the drafts #fyp #disneyparents #blowthisup | TikTok Also gone is natural gas pioneer George Mitchell, who passed . The initiation involved fighting each member of the gang for a five- to ten- minute period. At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. However, the protesters in attendance did little more than annoy the families. Open it up, look at it. On the night of June 24, 1993, this gang met to initiate a new member, Raul Villareal. ", Their battered and decomposing bodies, left to mummify in a wooded field in the relentless heat of Houston's summer, were found four days after they disappeared. (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; The admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. 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. 1871, 128 L.Ed.2d 491 (1994). denied, 512 U.S. 1246, 114 S.Ct. See Woods, 75 F.3d at 1039. A rational jury could not have concluded otherwise. He was friendly and never met a stranger. 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. Pena, however is not the victim for whose death appellant has been indicted and tried, and Payne does not contemplate admission of such evidence as permissible under the Eighth Amendment. 2052. 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. Lock - U.S. Customs and Border Protection Appellant kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifer's neck until she stopped moving. 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. It is well-settled that, in reviewing the sufficiency of the evidence at the punishment stage, this Court views the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could make the finding beyond a reasonable doubt. All I would tell the girls right now is we still love you and still miss you," he said. Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. has been arrested for allegedly ramming his car into a Dollar General on the East Side, attempting to rob a nearby gas station and then returning to the Dollar General to rob the store a second time. Anderson v. State, 932 S.W.2d 502, 509 (Tex.Crim.App.1996). Wasn't no pain. We know that Pete Cantu had been residing in El Cerrito, Contra Costa County, California 94530. With $53,000 being the highest bid for the 332-mile supercharged 1/2-ton, it moved on for a . Antonio Arizola Cantu of San Antonio, Texas - Hurley Funeral Home The Ertmans and Penas, again with Kahan's assistance, were also instrumental in getting Texas law changed so that victims' relatives are permitted to witness the executions of their loved ones' killers. Point of error thirteen is overruled. Copyright 2018 - 2023 PLEASANTON EXPRESS. 2950, 49 L.Ed.2d 929 (1976), when it held that the Texas future dangerousness issue was not unconstitutionally vague. Keller and Womack, JJ., concurred in part, and concurred in result in part. He lasted through three fights before briefly losing consciousness. 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. denied, 513 U.S. 861, 115 S.Ct. 1029. FN6. Mental or physical incapacity caused by intoxication means that the defendant's mental capacity was so disturbed from the introduction of a substance into his body that the defendant either did not know that his conduct was wrong or was incapable of conforming his conduct to the requirements [sic] of the law he allegedly violated. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. In Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. pete cantu texas metal Appellant then parceled out jewelry and money he had taken from the girls. She was born February 8, 1918 to Dallas and Daisy Johnson. Pete Cantu in TX - Address & Phone Number | Whitepages 37.071. In reviewing the prosecution's argument, [t]he relevant question is whether the prosecutors' comments so infected the trial with unfairness as to make the resulting conviction a denial of due process. Id. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. See also, Lackey v. State, 819 S.W.2d 111 (Tex.Crim.App.1989) (not error to fail to instruct jury to consider specifically appellant's age as a mitigating factor because the jury's answer as to special issue two (future dangerousness) would reflect their consideration of all the mitigating evidence); Jackson v. State, 822 S.W.2d 18 (Tex.Crim.App.1990). By Robertson, supra. 1987 Peter "Pete" Cantu 1988 Jay Smith 1989 Don Valdez 1990 Butch Vickers & David Uribe 1991 Hector Sandoval 1992 Refugio "Cuco" Escobedo 1993 George Wright 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. He was booked into the Guadalupe County Jail for theft of a vehicle and evading arrest, along with a separate charge of possession of a controlled substance. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. 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.) Part of the belt was left at the murder scene, the rest was found in O'Brien's home. Ex parte Cantu, No. Date Received: 03/18/94 The person not sentenced to death, 14 at the time, got a 40-year sentence. We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. Two who were 17 when the girls were killed were spared the death penalty when the U.S. Supreme Court barred execution of people who were under 18 when they committed their crimes. We note initially that Article 37.071 does not objectively define mitigating evidence, leaving all such resolutions to the subjective standards of the jury. ", Randy and Sandra Ertman did not speak to the press. Ex-gang leader executed for '93 deaths of 2 Houston girls - Chron 2. "They left my house and they were supposed to go home," Rios said. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. Rule App. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. BSCO is seeking any information on the two suspects shown in the video. Following this ritual, the boys drank beer, then they headed toward some nearby railroad tracks. 84 Lumber Store Manager Pete Cantu in Lubbock, Texas, was awarded Manager of the Year at a ceremony Friday March 10, 2017. Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. Shaw, a former employee, was caught on camera Sept. 14 taking a pallet of meat with an estimated value of more than $6,400 dollars from the company, 1325 S. Brazos St., according to an arrest warrant affidavit. Direct appeal is automatic. The murders of Elizabeth Pena and Jennifer Ertman affected Houston deeply. 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's argument centers around the concept that aggravating circumstances must be adequately defined for the jury. Police traced the 911 call to the Cantu home, and Joe passed on what he knew. 2(f)(4). Appellant did not object to the inclusion of this instruction in the charge. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. 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. Santikos, supra; Dinkins v. State, 894 S.W.2d 330, 340 (Tex.Crim.App.1995), cert. 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. This murder was unsolved until after O'Brien was arrested for the murder of Jennifer Ertman and Elizabeth Pena. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. 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. Martinez was appellant's second witness at the punishment phase of trial. Spence v. State, 795 S.W.2d 743, 759 (Tex.Crim.App.1990), cert. Raul was an acquaintance of Efrain and was not known to the other gang members. The sixth was convicted as a juvenile and is serving a 40-year prison term. 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. . Michelle Cantu Found! - See Phones, Email, Addresses, and More 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. The juvenile, Venancio Medellin, pled guilty to his charge and his sentence was reviewed when he turned 18, at which time he was sent to serve the remainder of the sentence in prison. Appellant's twenty-eighth point is overruled. The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. Roofing, Home Builders, Additions, Home Theaters, General Contractors. We do note that on the penultimate page of his brief, appellant refers to the term, continuing threat to society. This Court has repeatedly rejected the contention that terms such as this must be defined in the charge. Hence, his point presents nothing for our review.FN12 Tex.R.App. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews Company Information Sponsored Links Company Contacts PETE CANTU Agent 2722 N Zarzamora St San Antonio, TX Reviews Write Review There are no reviews yet for this company. Such victim impact statements, as they are called, are now commonplace. 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." See Rousseau, 855 S.W.2d at 686-87; Felder v. State, 848 S.W.2d 85, 101 (Tex.Crim.App.1992), cert. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. Gender: Male Appellant asserts in his thirtieth point of error that the 12-10 rule of Article 37.071 2(d)(2) and 2(f)(2) violates the Eighth Amendment to the United States Constitution. Cantu's assertion, however, invites us to look only at a single item of evidence and to ignore all of the remaining evidence in the case. Seven minutes later, O'Brien was dead. Factor Tejano: Erika Rene (Tu Chaparrita) 2023 ), cert. 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. ), cert. John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. Each juror may or may not believe certain evidence is mitigating; however, the constitution only requires that where a juror believes there is relevant mitigating evidence, that juror must have a vehicle to give his or her reasoned moral response to such evidence. 1339, 113 L.Ed.2d 271 (1991). [WITNESS:] Yes. In a thorough and well-reasoned memorandum and order, the district court denied habeas relief and, sua sponte, declined to issue a certificate of appealability on any of the issues raised by Cantu. A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to: Cantu was the final of three men condemned to die for the murders. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) They were friends who attended the same high school in Houston, Texas, Waltrip High School. Banda v. State, 890 S.W.2d 42, 54 (Tex.Crim.App.1994), cert. 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. 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. 2187) (omission and alterations in original). As stated in the previous point, neither the state nor federal constitution requires that certain evidence be labeled as mitigating, nor does it require what weight, if any, should be given to evidence that is found to be mitigating. [THE STATE:] And what would he say about that? 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. * that appellant attacked a sixth grade teacher; Yeah, yeah, I remember that. A memorial for them was also placed at T.C. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. Weight: 135. Christina subsequently convinced her husband to report the incident to the police. They were forced to perform oral sex. Excessive . "I think about them. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. 2/3/94 -- A jury found Cantu guilty of capital murder. He's set to make the trip again, to witness for the third time the execution of one of the gang members responsible for the rape and murder of his teenage daughter and her schoolmate. * * * To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. THE COURT: Yes, sir. Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. Ertman tried to help. Point of error forty-one is overruled. 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. 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. Pedro Cant Guzmn - Ancestry.com denied, 515 U.S. 1105, 115 S.Ct. See Photos. A jury found Peter Cantu guilty of capital murder in February 1994 and sentenced him to death. Pedro G "Pete" Cantu (1938-2011) - Find a Grave Memorial 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. After unsuccessfully appealing his conviction . [WITNESS:] [Appellant], Joe, Junior and Raul. Appellant has given us no reason to revisit our analyses in these cases, nor has he shown us any distinguishing evidence in the record or provided us with any other reason why these cases should not control in the instant case. And if you care to, you can see the result of this defendant's handy work again. Now [defense counsel], I don't blame him. Other cast members of the show are Spot and John. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. denied, 511 U.S. 1100, 114 S.Ct. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. In this review, we do not attempt to determine what a particular jury subjectively believed. 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.