Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. They said they would buy her some gas and get her on the road again if she did. 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. Derrick Sean O'Brien was executed in July 2006. Appellant then requested and received an instruction to the jury to disregard the comment. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. Six months before Jenny and Elizabeth were murdered, three of their killers murdered another young woman, Patricia Lourdes Lopez. Compare, Cofield v. State, 891 S.W.2d 952 (Tex.Crim.App.1994).FN7 Point of error six is overruled. Cantu and Derrick OBrien were tried before their fellow gang members. We have previously addressed and rejected constitutional challenges to prior Article 37.071(g) on numerous occasions. Here, the district court explained, the prosecution introduced the photographs while doing just that-describing the condition of the corpses, explaining the process of identifying the bodies, and verifying the statements made by Cantu and others. Points of error twenty-five through twenty-seven are overruled. I continue to voice my disagreement with the majority's continued refusal to acknowledge the constitutional infirmities in depriving the jury of information relevant to the special issues as to the statutorily required mandatory serving of 35 calendar years before becoming eligible for parole on a life sentence for capital murder. denied, 513 U.S. 1157, 115 S.Ct. 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. Direct appeal is automatic. said Gloria Rubac, a death penalty abolitionist. 37.071, 2(e)(1) (1991). 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. We have already decided these issues adversely to appellant. Jester Park at White Oak bayou. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). Leave your condolences to the family on this memorial page or send flowers to show you care. 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. Visit Website. The third man was given 40 years in prison and is eligible for parole. 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. 3368, 73 L.Ed.2d 1140 (1982). 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. The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. denied, 510 U.S. 1215, 114 S.Ct. Furthermore, our statutory scheme has not radically changed from the version upheld in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. Or when they were saying, I fucked her in the pussy, he said, yeah, I remember I did that, too. If you decide that an aspect of the Defendant's character and record or circumstances of the crime is a mitigating circumstance, you must not give it aggravating effect. He had assaulted fellow students and a teacher, been kicked out of his regular school, and threatened security personnel at the alternative school to which he had been sent. Other cast members of the show are Spot and John. There is no reason to treat such evidence differently than other relevant evidence is treated. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. 1029, 154 L.Ed.2d 931 (2003). Article 37.071 2(a) (as amended by the 1991 Legislature) is the same as the older Article 37.071(g) (Vernon 1990) with only minor changes. Archived from the original on June 2, 2022. es una historia oral de la comunidad catlica romana mexicana y mexicoamericana que lleg a habitar una llanura aluvial en el este de Austin, despus de su desplazamiento del centro de Austin hace ms de un siglo. Lived In Las . Later that night, Perez, Villareal, and Jose Medellin met at the house where Cantu lived with his older brother and sister-in-law, Joe and Christina Cantu. Rule App. 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. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. All cuzz them fine ass girls you all wanted to fuck. Furthermore, the father, who came upon the bloody scene after the perpetrators had fled, testified about how he had been affected by his son's death and about how he felt sorry for his daughters now. Johnson v. Quarterman, 483 F.3d 278, 285 (5th Cir.2007). denied, 510 U.S. 905, 114 S.Ct. [THE STATE:] They were all saying that? 55 (5th Cir. In his tenth point of error, appellant contends that the trial court erred in denying appellant's request for expert assistance to challenge the constitutionality of the special issues at the punishment phase. The State then cross-examined this witness about several death row prisoners committing subsequent violent crimes, and two, including the infamous and notorious Kenneth McDuff, getting out on parole and committing murders. Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. Point of error thirty-one is overruled. Point of error thirty-two is overruled. Thus, reasonable jurists would not-and have not-disagreed with the district court's resolution of this claim, and we deny a COA as to this issue. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. 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. It was a death the victims' families said was too good for the man who brought a violent and terrifying end to the lives of two teens 17 years ago. Appellant then parceled out jewelry and money he had taken from the girls. 586, 130 L.Ed.2d 500 (1994). Cantu was described as the leader of small gang known as the Black and Whites. At this point, Roman and Frank Sandoval decided to leave. Background: Following affirmance of his conviction for capital murder and his death sentence, 939 S.W.2d 627, state inmate filed petition for writ of habeas corpus. He went back and forth between his brother and Cantu, urging them to leave, but Cantu told him that he should "get some", so he joined in on raping Ertman. We have already addressed this issue and decided it adversely to appellant's position. He was nice enough to ask permission from a contractor working next door before doing the deed, according to an arrest warrant affidavit. Cantu Roofing 922 Mildid Ave, San Antonio, TX 78211 Service: Roofing, Home Builders, Additions, Home Theaters, General Contractors Employees: Pedro Cantu (Owner) License: Texas #HR921199 Status: Active City: San Antonio Type: Home Improvement Contractor Verified: Status: Verify Date: February, 2016 Appellant asked for a running objection as to this line of questioning. Prior Prison Record: Cantu is also serving a 10 year sentence in connection with an aggravated asault on a Houston man in January 1993. John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. He is preceded in death by his brother, Ralph Cantu Rodriguez; uncle, Richard Perez Rodriguez; aunt, Mary Ann Ortiz. 2658, 125 L.Ed.2d 290 (1993). Defendant was convicted upon jury verdict in the District Court, Harris County, William Harmon, J., of capital murder and was sentenced to death. * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward; Cantus execution was the third connected with the case. Education: GED 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. Required fields are marked *. The state court concluded that Cantu's counsel's performance was not deficient because the prosecution's statements were proper under Texas law and did not inject new or harmful facts into the trial in light of the record as a whole. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. Today you all came out on TV again and it said that their parents are trying to do everything they can to give you all the death penalty, even Yuni, but I don't think so because that's when we go out and take our asses on strike. Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. Id. Point three claims reversible error in precluding him from presenting testimony about that parole eligibility requirement. See Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir.2001) (The definition of mitigating evidence does not limit the evidence considered under the third special issue (whether mitigating circumstances warrant a life, rather than a death, sentence).); see also Roach v. Quarterman, 220 Fed.Appx. denied, 512 U.S. 1246, 114 S.Ct. Are you going to kill him, because as we told you on voir dire he has a life sentence as soon as you found him guilty. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. All Death, Burial, Cemetery & Obituaries results for Pedro Cant Guzmn 1997). DR#: 999093 In appellant's arraignment in open court, but outside the presence of the jury, the State read the indictment and appellant's counsel entered appellant's plea of not guilty. While the plain language of Article 36.01 indicates that an identical procedure should be followed in the jury's presence, it is not required by that language. on ), cert. VICTORIA John M. Cantu Sr., 69 years of age, passed away Saturday May 29, 2021 at 10:40pm. Especially the white chick, she looked good, huh, Junior? Appellant avers in his thirty-sixth point of error that the trial court violated his rights under the Eighth and Fourteenth Amendments by submitting an instruction concerning intoxication during the sentencing phase. Jail. Peter Cantu then walked in and readily agreed with their recollection of events. Tuesday, August 10, 2010 And, finally, in point twenty-seven, appellant alleges that the scheme is unconstitutional as applied in that the future dangerousness issue does not encompass consideration of the act or conduct that formed the basis of conviction in any meaningful or standardized manner. Appellant combines all three of these points into one argument in which he basically alleges that the special issues do nothing to insure that the sentencer's decision was not an act of unbridled discretion.. Your Honor, we object to the suggestion that there has to be a nexus between the mitigation and the returning of a verdict which would result in a life sentence. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. 2914, 115 L.Ed.2d 1078 (1991); Tex. 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.) When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. As we do not find the prosecutor's argument to be manifestly prejudicial or improper, we need not address appellant's contention that the nexus requirement is no longer valid given the enactment of Article 37.071, Section 2(e). 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. 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). He told Venancio to stay behind, saying he was "too little to watch." "I was the last parent to have seen them," she said. 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. 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. He specifically states that the Texas death penalty is unconstitutional under the Eighth Amendment, the Equal Protection Clause of the Fourteenth Amendment, and Article 1, Section 13 of the Texas Constitution. In Ford, the deceased victim's sisters and mother, who had also been victims of the crime, testified regarding the relationship each had with the deceased victim as well as to the effect that the crime had on them. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. In this regard, this point is inadequately briefed and presents nothing for our review. Plus, appellant objected at the punishment stage to the testimony of Pena's mother, M. Pena, who testified as to her daughter's good character, the search for her daughter, and the impact the disappearance had on the rest of the family members. [THE STATE:] Who said we had to kill them? Meanwhile, Elizabeth Pena, 16, and Jennifer Ertman, 14, were spending the evening at the swimming pool at a friend's apartment. Evidence concerning her sexual assault, robbery and murder is admissible as same transaction contextual evidence. ", The case horrified Houston. The district court concluded that the state court's rejection of this argument was not an unreasonable application of federal law, and we conclude that reasonable jurists would not disagree with that determination. Four days after the murders, Christina Cantu convinced her husband to call the police. Both this Court in Hughes, 897 S.W.2d at 294, and the United States Supreme Court in Pulley v. Harris, 465 U.S. 37, 104 S.Ct. Enter Point of error twenty-two is overruled. 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. The group then headed towards some nearby railroad tracks. For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses. Very brutal, very slow, tortured, a senseless killing. One of the boys boasted of having 'virgin blood' on him. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. (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; Thus, no egregious harm, if any harm at all, can be established. Nor does he argue that the charge given was inappropriate, only that it was incomplete. Any subsequent references to Articles are to those in the Texas Code of Criminal Procedure unless otherwise identified. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. Hence, appellant's first and third requested charges set out above would have been misstatements of the law. 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. Christina subsequently convinced her husband to report the incident to the police. Texas Execution Information Center by David Carson. By continuing to browse or by clicking "Accept," you agree to our site's privacy policy. Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. To this day, Houstonians remember the girls' names and what happened to them. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) denied, 513 U.S. 853, 115 S.Ct. We likewise decline to undertake such a review in the instant case. Testimony showed that Raul lasted through three of the members before briefly losing consciousness. M. Pena then testified as to her relationship with her daughter and her daughter's relationship with other members of the family. Next, the older boys raped the two girls for about an hour while Venancio watched.

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