All cuzz them fine ass girls you all wanted to fuck. 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. 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. The district court determined that this conclusion was not an unreasonable application of federal law. Appellant was subsequently convicted of capital murder in February of *631 1994.FN1 Tex. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. They were friends who attended the same high school in Houston, Texas, Waltrip High School. The state court concluded that Cantu's counsel was not ineffective because admitting the evidence did not violate due process. denied, 492 U.S. 912, 109 S.Ct. As the evidence previously set out illustrates, appellant was the self-appointed leader of this gang. His own statement to a co-defendant expressly showed that he intended that the girls be killed, and testimony as to appellant's actions revealed his active participation in the killings. The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. 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. at 694, 104 S.Ct. Cantu appeared happy and amused by the conversation and readily agreed with the recollection of events. The extraneous offenses that were admitted included: Unfortunately, he revealed on Instagram . After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. 2. Sheet Metal Worker. ), cert. Over the years, Rios regularly asks what else she might have done to prevent their deaths. 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. Your email will not be used for any other purpose. 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 was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. I'm not going to show it to you. Further, the overwhelming balance of evidence adduced at trial corroborated Cantu's second statement: (1) Roman Sandoval, a fellow gang member, stated that Cantu called him and confessed to the murders; (2) additional gang members stated that they were following whatever Peter Cantu was doing; (3) Venancia Medellin, a gang member, testified that after he raped Ms. Ertman, Cantu whispered in his ear that [w]e're going to have to kill them, and that Cantu then directed the gang to bring the girls into the woods; and (4) while some of the gang members, including Cantu, recounted the events of that evening to Cantu's older brother Joe and his wife Christina, one gang member described how Cantu kicked one of the girls in the face with his steel toe[ ] [boots] while Cantu commented that [t]he bitch wouldn't die so I stomped on her neck and that the girls had to die [so] they couldn't identify them.. Johnson, supra, at 135. 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. 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). In instances where mitigating evidence is presented, all that is constitutionally required is a vehicle by which the jury can consider and give effect to the mitigating evidence relevant to a defendant's background, character, or the circumstances of the crime. As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. The record reveals that M. Pena was one of over thirty witnesses who testified at punishment, and her testimony before the jury comprised less than twenty pages out of over 700 pages of testimony at punishment. (Direct Appeal) 463rd murderer executed in Texas since 1976. 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. denied, 506 U.S. 999, 113 S.Ct. . Penal Code Ann. Finding no reversible error, we affirm the judgment of the trial court. FN13. 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. Finally, Cantu contends that he received ineffective assistance because his trial counsel failed to object when the prosecution urged the jury to consider the graphic photographs in its sentencing-phase argument. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. 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. He also parceled out the jewelry and money he took from the girls. Both expressed regret for their role in the killings. The records clearly show that such jury argument was not a summation of the evidence, a reasonable deduction from the evidence, an answer to opposing counsel's jury argument, nor a plea for law enforcement. 1978, 131 L.Ed.2d 866 (1995). Please spare his life. Enter At this point, the Sandoval brothers decided that it was time to leave. We will not revisit the issue here. 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. You are instructed that certain evidence introduced to you has been offered in mitigation of the Defendant's punishment. 1997). 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. BCSO spokesman Roseanne Hughes. I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. DMCA NoticesNewspaper web site content management software and services. We decline to do so. * that appellant made threats at a hospital and in jail. * * * The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. Jester Park in Houston to participate in a gang initiation ritual. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. The attackers confessed and at times seemed indifferent to the charges against them. Appellant's failure to request a special verdict form at trial bars him from now complaining on appeal under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), since no egregious harm to appellant has been shown. We do not guarantee accuracy of information. That said, we resolve any doubts as to whether a COA should issue in the petitioner's favor when the death penalty is involved. 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. Point of error twenty-two is overruled. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. Point of error thirty-one is overruled. 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. "He deserved to die, and 17 years later he died. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. On automatic direct appeal, the Court of Criminal Appeals, Mansfield, J., held that: (1) prosecutor's argument did not improperly instruct jury that it had to find nexus between defense evidence and crime before they could consider evidence mitigating; (2) letter written by defense witness to defendant was admissible to impeach witness' credibility and to show strong bias in favor of defendant; (3) erroneous admission of testimony by mother of victim, who was not named in indictment, concerning that victim's character and activities was harmless beyond reasonable doubt; (4) sufficient evidence supported jury's affirmative finding as to future dangerousness special issue; and (5) evidence did not warrant jury instruction on lesser included offenses of sexual assault, robbery, kidnapping, or murder. At T.C. Messages run for up to one year and you 12/1/97 -- The U.S. Supreme Court denied Cantus petition for certiorari review. Tex. 2556, 135 L.Ed.2d 1074 (1996). For the reasons stated in my dissents in Rhoades v. State, 934 S.W.2d 113 (Tex.Cr.App.1996); Anderson v. State, 932 S.W.2d 502 (Tex.Cr.App.1996), and Morris v. State, 940 S.W.2d 610 (Tex.Cr.App.1996), I dissent to the majority's treatment and discussion of points one through four. Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. Does it justify it? He contends in his twenty-sixth point of error that the scheme is unconstitutional as applied in that it fails to channel the sentencer's discretion. When Pena screamed, Ertman ran back to try to help her friend, but Cantu grabbed her and dragged her down the hill as well. 2253(c), Cantu now seeks from this court a certificate of appealability. 2950, 49 L.Ed.2d 929 (1976), when it held that the Texas future dangerousness issue was not unconstitutionally vague. C. Texas's Mitigating Evidence Instruction. the probability of subsequent activity would be low. He even opined that in a situation of 70 years before parole eligibility, there would be no probability because he suspected that the individual would be dead by then. He was dearly loved and will be greatly missed by all who knew and loved him. Indeed, this circuit has repeatedly refused to apply Simmons so as to require that Texas juries be informed of a defendant's future parole eligibility. OBrien was executed in 2006 and Medellin in 2008. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. Elgin, Texas. ), cert. * * *. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. (internal quotation marks omitted). He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. ", 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. Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. 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. With this standard in mind, we turn to Cantu's specific ineffectiveness arguments. Thus, we do not consider the argument on appeal. 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.) 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. 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. 315 followers. See Seale v. State, 158 Tex.Crim. The third man was given 40 years in prison and is eligible for parole. All Rights Reserved. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. Point of error forty-two is overruled. 102 East 50th Lubbock TX 79404. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). Ertman was robbed of her rings, necklaces, and cash. 2658, 125 L.Ed.2d 290 (1993). However, we affirmed the original holding on appeal. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. He was friendly and never met a stranger. If they hung all five of them, that would be a deterrent. Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. 74(f). Jester Park, about two dozen people gathered around a pair of flower-covered memorial benches to remember the murdered teens. [F]irst, the lesser included offense must be included within the proof necessary to establish the offense charged, and, second, some evidence must exist in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser offense. When the rapes finally ended, the horror was not over. The Mexican-American community was outraged by the death and Torres's family demanded justice. Rule App. 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. denied, 510 U.S. 1215, 114 S.Ct. Does it rise to that level? STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. See Free v. Peters, 19 F.3d 389 (7th Cir. Jester Park at White Oak Bayou. 284, 126 L.Ed.2d 234 (1993). Profile. Two members also have been executed and two others are serving life prison sentences. They were kicked, teeth knocked out and hair pulled out and ribs broken. denied, 508 U.S. 963, 113 S.Ct. 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. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Proc. We have held that, to constitute proper jury argument, the argument must encompass one (or more) of the following: (1) summation of the evidence presented at trial, (2) reasonable deduction drawn from that evidence, (3) answer to the opposing counsel's argument, or (4) a plea for law enforcement. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 [THE STATE:] They were all saying that? Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. 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. 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). At this point, the Sandoval brothers decided that it was time to leave. This allegation was addressed and answered by the United States Supreme Court in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. Furthermore, once the sentencer has found that the defendant is a member of the class made eligible for the death penalty, it may be given unbridled discretion in determining whether the death penalty should be imposed. Pete Cantu in Texas We found 49 records for Pete Cantu in Edinburg, Austin and 36 other cities in Texas. 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. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). or. He is preceded in death by his brothers, Alcardo Cantu, Jesus Cantu III; maternal grandfather, Juan Santos Acuna, and paternal grandparents, Jesus Cantu Sr. and Olivia Cantu. She walked to a nearby convenience store, and called someone to come and help her. Appellant's specific complaint seems to be racial discrimination based on the race of the victim in that he notes that appellant is Hispanic and the named victim was white. Thus, no egregious harm, if any harm at all, can be established. He married Dominga Arizola in 1945. [DEFENSE:] Excuse me, [prosecutor's name omitted]. Appellant then requested and received an instruction to the jury to disregard the comment. During this arraignment, the State read the indictment, and the court asked appellant how he pled. 1676, 95 L.Ed.2d 127 (1987). 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. "I don't mean this in a gruesome way, but if they want to make the death penalty a deterrent, up in front of (Houston) City Hall, they've got all these beautiful trees. 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. Rule App. All of his subsequent appeals in state and federal court were denied. Four of the other assailants that night were also convicted of capital murder and sentenced to death. 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. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. However, he contends that a meaningful review of the mitigation issue is impossible. 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. "Billy Eichner Romantic Comedy 'Bros' Moves To Fall After 'Mission: Impossible 7' Re-Assignment To 2023". Appellant argues that the phrase or anticipated that a human life would be taken renders Article 37.071 2(b)(2) unconstitutional because the phrase lacks the required culpability. The second special issue submitted to the jury and of which appellant now complains reads in pertinent part as follows: By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. The families hope to keep him in jail for his entire sentence, of which he has served almost half. And if you care to, you can see the result of this defendant's handy work again. [W]hether the defendant actually caused the death of the deceased or did not actually cause the death of the deceased but intended to kill the deceased or another or anticipated that a human life would be taken. We may issue a COA only if the petitioner makes a substantial showing of the denial of a constitutional right. Id. We find no constitutional infirmity as the mitigation special issue was enacted by the Legislature to address the concerns of the Supreme Court as stated in Penry v. Lynaugh, supra. 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. He asserts that the nexus requirement set out by this Court in cases like Lackey v. State, 819 S.W.2d 111, 135 n. 10 (Tex.Crim.App.1989), Mines v. State, 852 S.W.2d 941 (Tex.Crim.App.1992),FN4 Richardson v. State, 879 S.W.2d 874 (Tex.Crim.App.1993), and Willingham v. State, supra, is no longer valid in light of the post- Penry sentencing scheme.FN5 He conclusorily states that, while a nexus was required under these post- Penry, pre-statute cases, this should no longer be the law in light of the enactment of Article 37.071, Section 2(e).FN6. ", Even now, both families say there is no closure. said Gloria Rubac, a death penalty abolitionist. Browse our site for information and then call one of our three retail locations below for answers to your questions or for pricing information and quotes on your projects. 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. After the assault, the gang took the girls into the woods and strangled them. 78 and Loop 1604. Cantu v. Quarterman, No. 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. Appellant alleges that this denial violated the Eighth Amendment. And in point four, appellant contends that the trial court erred by denying appellant the right to question jurors about their ability to consider the 35 calendar year condition on a life sentence. 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. ] (Emphasis added.). In memory of Peter Cantu 27.05.1975 - 17.08.2010. . Additionally, given the plain language of Article 37.071 Section 2(e), as well as our holdings in the cases cited above, we find no bad faith on the part of the prosecutor, nor do we find evidence of an intent, given the entire record of final arguments, on the part of the State to deny appellant a fair and impartial trial. Not soon enough. Select this result to view Peter Cantu's phone number, address, and more. Her body, nude from the waist down, was found by police on January 4, 1993 with her blood-soaked clothing strewn about her. 2/5/09 -- Cantu appealed to the United States Court of Appeals for the Fifth Circuit. 2382, 65 L.Ed.2d 392 (1980). Martinez was fifteen years old and testified that she had known appellant for approximately three years and went out with him and mutual friends almost every weekend. He was friendly and never met a stranger. Point of error forty-three is overruled. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. The totality of appellant's argument and authorities is as follows: denied, 513 U.S. 861, 115 S.Ct. To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. This we decline to do. Ha-ha. 869, 71 L.Ed.2d 1 (1982) and Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. They should have hung them. Appellant specifically complains of the emphasized portion of the following argument: [THE STATE:] [I would] [l]ike to talk to you briefly about the issue of mitigation[.] 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). Appellant's argument in effect is that a jury should be instructed to consider only mitigating evidence when addressing this special issue. Point of error forty-one is overruled. Joe Cantu then placed an anonymous call to the Houston Police Department's "Crimestoppers" tip line. Education: GED Article 27.16 states that: When Cantu saw them, however, he thought they were a man and woman. Appellant alleges that the improper inclusion of the instruction rose to constitutional dimension because it informed the jury to consider evidence of intoxication in mitigation of the crime only if that evidence showed that the intoxication was so extreme as to cause appellant to be temporarily insane. Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. Graveside services and interment followed in the St. Marys Catholic Cemetery. 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. Cantu then parceled out jewelry and money he had taken from the girls.

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