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. at 826-28, 111 S.Ct. For the foregoing reasons, Cantu's application for a COA is DENIED. We note that Article 37.071, Section 2(e) is essentially a codification of the dictates set out in Penry, supra, and has not been amended since its enactment, effective September 1, 1991. (Habeas). FN10. The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. Peter Cantu then walked in and readily agreed with their recollection of events. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. He was not eligible for the death penalty because of his age, and he did not participate in the murders. Antonio Arizola Cantu of San Antonio, Texas - Hurley Funeral Home 71,557, slip op. Gender: Male Evidence at trial showed appellant's actions with respect to this offense were of a calculated and deliberate nature. "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. 2254(d). denied, 510 U.S. 1215, 114 S.Ct. The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. ), cert. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 One of the boys boasted of having 'virgin blood' on him. McFarland, 928 S.W.2d at 520. Also gone is natural gas pioneer George Mitchell, who passed . The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: ", Maria Frausto said she often says a small prayer when she jogs past the memorial. The charge given was as follows: In points of error twenty-one and twenty-two, appellant challenges the sufficiency of the evidence to support the jury's answers to the issues on future dangerousness and mitigation. They didn't have the luxury of having anybody intervene for them, and he wants you to don't kill this child. In point thirteen, appellant 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 will not revisit the issue here. Even more than a decade later, the mention of their last names could generate disgust and fear, with many people remembering the vivid and gruesome details of the girls assault and death in the dark woods by White Oak Bayou. at *24. 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. 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? Your email address will not be published. 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. DR#: 999093 County of Offense: Harris 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. Think about the ordeal of those two young girls right here. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: Naomi "Pete" Johnson Cantu (1918-2012) - Find a Grave Memorial Date Received: 03/18/94 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. 17. 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). ", Randy and Sandra Ertman did not speak to the press. "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. Sheet Metal Worker. [THE STATE:] Who said we had to kill them? (10:41 PM CDT, August 17, 2010). 5. the defendant's age and personal circumstances at the time of the offense; In this regard, this point is inadequately briefed and presents nothing for our review. In his twenty-fifth point of error, appellant complains that the death penalty statute is unconstitutional as applied to him in that it failed to narrow the sentencer's discretion as a result of the deletion of the deliberateness issue. Cantu also confessed. FN12. (plurality op. His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. 2. He said he was told repeatedly by Peter Cantu to "get some". Houston's deadliest day: A string of mayhem and the families left behind [WITNESS:] He just said, I did that, too. Santikos, supra; Dinkins v. State, 894 S.W.2d 330, 340 (Tex.Crim.App.1995), cert. Date of Offense: 06/24/93 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. 4/21/10 -- The 178th District Court set Cantus execution date for August 17, 2010. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. 7. psychiatric evidence; and Appellant argues, in essence, that the prosecutor misstated the law. 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. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. Id. Well, this is a sanitized and civilized killing that we have for Peter Cantu. 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. Finally, Cantu robbed Ertman of her rings, necklaces, and cash. The Mexican-American community was outraged by the death and Torres's family demanded justice. the Art. [WITNESS:] Yeah. At 6:09 p.m., lethal injection drugs entered Cantu's body. 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. 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. denied, 513 U.S. 1157, 115 S.Ct. 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. 55 (5th Cir. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. Cantu was the 16th person to be put to death by the state of Texas this year. On that June night, the girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. Maybe some satisfaction, but never closure.". 'Gonzalez' said that his brother was one of the six people involved in killing the girls, and gave police the names of all but one, the new recruit, whom he did not know. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. Or when they were saying, I fucked her in the pussy, he said, yeah, I remember I did that, too. [THE STATE:] During this time when they're saying what they did to the girl, what's [appellant] doing or saying? FN2. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. 16th murderer executed in Texas in 2010 Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. 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. Nelson, supra, at 498. 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. Romans brother Frank, and Joes fourteen-year-old brother, Venancio, were also present. Dec.13, 2006). The police traced the 9-1-1 call to Cantu's home. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. 2950, 49 L.Ed.2d 929 (1976), except to incorporate the dictates of Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. All I would tell the girls right now is we still love you and still miss you," he said. denied, 506 U.S. 942, 113 S.Ct. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews And then ask yourself another question. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. Four of the other assailants were also convicted of capital murder and sentenced to death. TEXAS PIPELINER Welder (STC) . Pedro Cantu. Sound rental, Band booking, Guitar and Bass lessons. The Forbes 400 net worth cut off this year was a record-high $2 billion. Forbes 400: The Richest People In Texas, 2017 However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. These complaints occurred at punishment, and thus had no effect upon guilt/innocence. 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. A jury found Peter Cantu guilty of capital murder in February 1994 and sentenced him to death. 2/5/09 -- Cantu appealed to the United States Court of Appeals for the Fifth Circuit. The extraneous offenses that were admitted included: He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the . Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. 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. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. Pete Cantu in Texas(TX) found with records in 36 cities. Education: GED Pete T. Cantu Obituary We are sad to announce that on February 15, 2022 we had to say goodbye to Pete T. Cantu in Orange Grove, Texas, born in Stephenville, Texas. TikTok video from Pete Cantu (@petecantu3): "Pulled this out the drafts #fyp #disneyparents #blowthisup". Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. "Texas executes gang member for murder of 2 girls," by Michael Graczyk. . What did he say? Eye Color: Brown I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. This guy is more than just a car's outer appearance. 401 and therefore irrelevant in the context of the special issues under Art. Pursuant to 28 U.S.C. Id. However, this holding was subsequently rejected by the Seventh Circuit. 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. Save my name, email, and website in this browser for the next time I comment. Ex parte Cantu, No. Pete Cantu, 82. "I think about them. FN4. Funeral Home website by. Her family was present at his trial for the June murders. The series chronicles around Bill Carlton and his crew who have dozens of fans won thousands of awards and always fulfil customer's demands. 2658, 125 L.Ed.2d 290 (1993). Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. The second special issue submitted to the jury and of which appellant now complains reads in pertinent part as follows: Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. Appellant's objections were overruled and the evidence was admitted. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. pete cantu texas metal Just prior to that statement, the prosecution set up its argument by asserting that [t]he State has brought to you a lot of evidence to show you what this defendant is like, who he really is. Does she have blond hair?!!?" 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.. Elections 2016 See also: Donna Independent School District elections (2016) Six of the seven seats on the Donna Independent School District school board were up for general election on 284, 126 L.Ed.2d 234 (1993). Cantu v. Quarterman, No. denied, 510 U.S. 829, 114 S.Ct. on 2. the calculated nature of the defendant's acts; "I had no idea they would be coming to this." Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. Point of error thirty-five is overruled. "He's a guy who fully accepts his responsibility.". Anderson v. State, supra, at 509-10. As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. 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. The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. Cantu and Derrick OBrien were tried before their fellow gang members. They decided to follow the railroad tracks that passed by T.C. Tex.R.App. 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. These girls went through an awful lot of pain when they died," said Adolfo Pena, father of Elizabeth. Jennifer Ertman's dad, Randy Ertman, was about to give an interview regarding the missing girls to a local television reporter when the call came over a cameraman's police scanner that two bodies had been found. The medical examiner stated that Patricia was probably on her knees in front of her murderer when she was stabbed, based on the angle of the wounds. 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. 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. Ha-ha. Appellant has shown no particularized need for this study. 'It's ridiculous. Appellant alleges in point of error seven that the trial court reversibly erred in allowing the State to impeach defense witness Beatrice Martinez on a collateral matter. 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. "Peter Cantu Executed: Ringleader of the Ertman and Pena Rape and Murder Killed," by Jason Volentine. We have already decided these issues adversely to appellant. 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. Pursuant to Tex. 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. Zimmerman was remanded by the United States Supreme Court to review in light of Johnson v. Texas, 509 U.S. 350, 113 S.Ct. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. your email below for our complimentary daily grief messages. We concluded that the trial court's decision to admit this testimony was not an abuse of discretion in that such testimony was within the zone of reasonable disagreement of evidence relevant to sentence. Article continues below advertisement. Jester, both busy streets. The court overruled his objection. Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. For the following reasons, we decline to issue a COA on any of those issues. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. Appellant, Peter Anthony Cantu, was charged by indictment with the offense of capital murder for killing Jennifer Ertman in the course of committing or attempting to commit robbery, kidnapping and aggravated sexual assault. A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. 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.. See Photos. They alerted the police and posted fliers, but the girls were not found. 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. * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward; 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. 2. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. (AP August 17, 2010). See Sonnier, supra. Our concern is that the indigent defendant have access to a competent psychiatrist for the purpose we have discussed, and as in the case of the provision of counsel we leave to the State the decision on how to implement this right. Sometimes people don't make the best decisions, but the following incidents show some truly questionable behavior. The person not sentenced to death, 14 at the time, got a 40-year sentence. A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S.Ct. Later Cantu and his accomplices were said to have joked about the brutal killings. M. Pena then testified as to her relationship with her daughter and her daughter's relationship with other members of the family. Visitation for Mr. Pedro Pete Cantu will begin on Sunday, February 2nd from 2:00 till 7:00 P.M. and on Monday, February 3rd from 7:00 A.M. till 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. 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. Application denied. He and other gang members also stood on the girls' necks to ensure they died. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. Retrieved June 3, 2022. Citations: A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to: Both expressed regret for their role in the killings. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. denied, 510 U.S. 997, 114 S.Ct. Article 37.071 2(h). Appellant contends in his forty-fourth point of error that Article 37.071 2(a),FN13 which prohibits the judge and the parties from informing the jury of the effect of a failure of the jury to agree on their answers to the special issues, violates the Eighth and Fourteenth Amendments to the United States Constitution. Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. See Photos. The girls were still on the tracks when they encountered the group of boys. We have already addressed this issue and decided it adversely to appellant's position. Appellant, along with his co-defendants, brutally raped, strangled, and stomped the two girls to death. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. In lieu of flowers, donations can be made to the Texas Scottish Rite Hospital for Children or the charity of your choice. At T.C. at 2608. (Direct Appeal). After Raul fought all of the members, he was welcomed into the gang. FN2. (Habeas). In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. Leave your condolences to the family on this memorial page or send flowers to show you care. 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. The first of these two witnesses, Christina Cantu, testified about how the individuals appeared when they arrived at the house and she told the jury about behavior they engaged in while there. See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. Peter Cantu's execution set for tonight - ABC13 Houston During this arraignment, the State read the indictment, and the court asked appellant how he pled.