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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. Point of error forty-five is overruled. All Rights Reserved. The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. TEXAS PIPELINER Welder (STC) . [WITNESS:] [Appellant], Joe, Junior and Raul. The Mexican-American community was outraged by the death and Torres's family demanded justice. "There's no way to put closure on this," said Jim Stacey, a close friend of the Ertman family. While a complete account of the facts is available in the district court's memorandum and order denying Cantu's federal habeas petition, we briefly summarize the grisly details that led to Cantu's conviction. There might be a fact and circumstance out there that just cries out for mercy, cries out for you to give the person some leniency and not give them the death penalty,. Keep that in mind when you think in terms of what is it that really compels our mercy and do you see it in this case? She told him that she felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Read more about the life story of Pete and share your memory. LinkedIn is the world's largest business network, helping. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. Texas Metal (TV Series 2017-2021) - Full Cast & Crew - IMDb You are instructed that certain evidence introduced to you has been offered in mitigation of the Defendant's punishment. I, Sec. "Theres nothing he would have said to me that would have made any difference," said Pena, who was wearing a white T-shirt with a photo of the two girls printed on the front. denied, 490 U.S. 1102, 109 S.Ct. 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. A tip led authorities to the bodies. Pete Cantu - Ballotpedia Pedro Cantu - IMDb Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal D rop Shop About Us We specialize in one off custom cars and trucks. His is . If there is the mitigation, is it sufficient, sufficient to rise to the level that you want to take this man, [appellant], and show him some mercy. 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. Mr. Pedro Cantu, Jr., 87, entered into the presence of his Heavenly Father on Saturday, June 9, 2018. "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. "They are still behind us. 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. In his argument, appellant basically urges this Court to re-evaluate its prior holdings that Article 37.07 does not apply to capital cases and that the admission of unadjudicated extraneous offenses at the sentencing phase of a capital trial does not offend the Eighth and Fourteenth Amendments. FN3. Point of error twelve is overruled. ", Pena, his wife Melissa at his side, said it did not matter to him that Cantu offered no words of contrition, or any words at all. 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. He told the police that the girls' bodies could be found in T.C. Your email address will not be published. Patricia, a 27-year-old mother of two young children, had run out of gas and was stranded on the side of the freeway on her way home from a football game. Does it justify it? can stop at any time. Tuesday, August 10, 2010 Extraneous victim impact evidence, if anything, is more prejudicial than the non-extraneous victim impact evidence found by this Court to be inadmissible in Smith, supra. ] (Emphasis added.). 1978, 131 L.Ed.2d 866 (1995). On death row, Cantu, now 35, was classified among the best-behaving inmates. She walked to a nearby convenience store, and called someone to come and help her. 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. Instagram Contact Us Check out some new shirts! Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. Specifically, appellant complains of the following argument: Prior to the trial's opening statements, appellant objected that any testimony regarding the kidnapping, robbery, sexual assault, or murder of Pena constituted evidence of extraneous offenses. February 19, 2014. However, nowhere does appellant tell us specifically which terms he alleges are inadequately defined in the special issues. Proc. However, appellant was also given the statutorily mandated mitigation instruction of Article 37.071 2(e) which provides the jury with just such a vehicle needed to consider and give effect to evidence such as evidence of intoxication which does not rise to the level of temporary insanity. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. 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: Michelle is 51 years old and was born on February 1971. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. The attackers confessed and at times seemed indifferent to the charges against them. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. Focus for the victims' families now turns to the remaining three killers. 2909, 49 L.Ed.2d 859 (1976), that as long as the class of murderers subject to capital punishment is narrowed, there is no constitutional infirmity in a procedure that allows a jury to recommend mercy based on the mitigating evidence introduced by a defendant. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July 28, 2012 at Mansfield Methodist Hospital. He was friendly and never met a stranger. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. 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. Instead, jurors must individually determine what evidence, if any, mitigates against the imposition of the death penalty and what weight, if any, to give that evidence in its consideration. Banda v. State, 890 S.W.2d 42, 54 (Tex.Crim.App.1994), cert. See Photos. 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. Proc. (Habeas). Cantu, then 18, orchestrated the attacks and slaying. The special pleas, if any, shall be read by the defendant's counsel, and if the plea of not guilty is also relied upon, it shall also be stated. As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. FN13. 2954, 57 L.Ed.2d 973 (1978). Peter Cantu in TX - Address & Phone Number | Whitepages Now [defense counsel], I don't blame him. Rule App. Tex.R.App. Pete Cantu Profiles | Facebook To this day, Houstonians remember the girls' names and what happened to them. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. However, this holding was subsequently rejected by the Seventh Circuit. Later Cantu and his accomplices were said to have joked about the brutal killings. I'd do the same thing if I was in his position. [THE STATE:] Who said we had to kill them? The United States District Court for the Southern District of Texas, 2009 WL 275172, denied petition. Please spare his life. | This is a carousel. However, we affirmed the original holding on appeal. 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. * * *. 2187) (omission and alterations in original). 2597, 115 L.Ed.2d 720 (1991). 52(a). Several dozen people showed up outside the Walls Unit in support of the families and the execution. There is no evidence that must be viewed by a juror as being per se mitigating. denied, 492 U.S. 912, 109 S.Ct. [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. 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. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. The boys boasted about the rapes and killings. 946, 952 (5th Cir.2004) (emphasis added); cf. In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1756, 95 L.Ed.2d 262 (1987). On appeal, appellant claims that the entire testimony of Pena's mother was inadmissible at the punishment stage of trial. Upon the completion of this reading, the trial court stated, To which indictment, ladies and gentlemen, the defendant has entered a plea of not guilty. Appellant's contention on appeal is that either he or his attorney should have actually voiced this plea to the jury. Peter Anthony Cantu #1224 See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. Evidence of extraneous offenses admitted included that Cantu stole a bicycle from an eight-year-old and then turned it in for a reward; that Cantu threatened a woman and broke a window in her home; that Cantu attacked a sixth-grade teacher; that Cantu threatened another students father, saying that he wanted to kill him; that Cantu created problems at school by fighting and cursing; that Cantu threatened to kill an officer of the law; and that Cantu made threats at a hospital and in jail. 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. Section 2(e) was added to address Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Appellant alleges that this denial violated the Eighth Amendment. WOMACK, J., concurs in the result on points of error five and eight and joins in the remainder of the opinion. We noted, in Gaddis, supra, that counsel is allowed wide latitude in drawing inferences from the evidence so long as the inferences drawn are reasonable and offered in good faith. We may issue a COA only if the petitioner makes a substantial showing of the denial of a constitutional right. Id. Excessive . Peter Anthony Cantu Executed for Jennifer Ertman and - CBS News Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. All of the boys then took turns stomping on both girls' necks to make sure they were dead. The gang then drank beer and engaged in horseplay. A rational jury could not have found that appellant did not intend to kill the victim. KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. The extraneous offenses that were admitted included: 2934, 106 L.Ed.2d 256 (1989) does not require that, if a jury finds evidence to be both mitigating and aggravating, then it should give the evidence only its mitigating weight. Is your room clean today? See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. 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. ), cert. 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. At this point, the Sandoval brothers decided that it was time to leave. Appellant has provided no reason why the situation should be different in Texas. denied, 501 U.S. 1259, 111 S.Ct. Id. 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. Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. BCSO spokesman Roseanne Hughes. Ertman was robbed of her rings, necklaces, and cash. The families hope to keep him in jail for his entire sentence, of which he has served almost half. Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. DMCA NoticesNewspaper web site content management software and services. [THE STATE:] So, at some point did they move on from talking about what they did to them sexually and tell you that they killed them?