(Page 2) * * *. original sound - Pete Cantu. Affirmed. Frank Sandoval and Venancio Medellin, 14, brothers of two of the gang members, were also present. February 19, 2014. She screamed. VICTORIA John M. Cantu Sr., 69 years of age, passed away Saturday May 29, 2021 at 10:40pm. Cantu showed little emotion at his conviction and death sentence and had no reaction when Randy Ertman, Jennifers father, was allowed to make a victim impact statement at the end of the trial. 433, 130 L.Ed.2d 345 (1994). Does it justify it? We note the Supreme Court in Payne held the Eighth Amendment did not bar introduction of evidence about the victim and the impact of the victim's death on his or her family as such evidence may be relevant as to the jury's determination as to imposition of the death penalty. 2/23/98 --- Cantu filed an application for state writ of habeas corpus. They were kicked, teeth knocked out and hair pulled out and ribs broken. 2934, 106 L.Ed.2d 256 (1989); Johnson v. Texas, 509 U.S. 350, 113 S.Ct. 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. "Put it this way: I wish my daughter could have died the way he died today. Both of these claims are governed by the familiar Strickland standard. 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. Archived from the original on June 2, 2022. Houston's deadliest day: A string of mayhem and the families left behind 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. Naomi "Pete" Johnson Cantu (1918-2012) - Find a Grave Memorial They were forced to perform oral sex. 131, 133 L.Ed.2d 80 (1995); Willingham v. State, 897 S.W.2d 351 (Tex.Crim.App. ), cert. denied, 513 U.S. 853, 115 S.Ct. 2. During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. ADDITIONAL LINKS Points of error one through four are overruled.FN3. 2529, 96 L.Ed.2d 440 (1987), and left the decision up to the individual states as to whether this sort of evidence is relevant under their own individual punishment schemes. He was friendly and never met a stranger. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. 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. Robertson, supra. Unfortunately, he revealed on Instagram . In his thirty-second point of error, appellant alleges that the second special issue on punishment is facially unconstitutional in violation of the United States Supreme Court decision of Tison v. Arizona, 481 U.S. 137, 107 S.Ct. Later that night, appellant, Joe, Efrian, and Raul regrouped at appellant's house to brag about their exploits. Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. Appellant asserts in his forty-first point of error that the Due Process Clause of the Fourteenth Amendment requires this Court to engage in proportionality reviews of death penalty cases. Thus, reasonable jurists would not disagree with the district court's determination that the state court's conclusion was not an unreasonable application of federal law. Cantu v. Quarterman, No. (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; 1224th murderer executed in U.S. since 1976 See Penry v. Johnson, 532 U.S. 782, 803, 121 S.Ct. 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. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. denied, 499 U.S. 932, 111 S.Ct. Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . Texas Metal (2017-2021) Full Cast & Crew See agents for this cast & crew on IMDbPro Series Writing Credits Series Cast Series Produced by Series Music by Series Cinematography by Series Film Editing by Series Production Management Series Sound Department Series Camera and Electrical Department Series Casting Department Series Editorial Department Cantu kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifers neck until she stopped moving. A worship service was held on Sunday, February 2nd at 5:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. 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. To violate due process, an evidentiary ruling must result in a denial of fundamental fairness, and improperly admitting evidence will only justify habeas relief if the admission was a crucial, highly significant factor in the defendant's conviction. Neal v. Cain, 141 F.3d 207, 214 (5th Cir.1998).FN3. At bottom, Cantu urges this court to extend the holding in Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. We deny a COA on this issue. 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. Eventually, all of the individuals who participated in the gang rape and murder were arrested and most of the jewelry was recovered, including some from Cantus bedroom. 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. Ha-ha. Archived from the original on June 6, 2022. He did not acknowledge the victims families and he had no personal witnesses attending the execution. FN13. The district court determined that this conclusion was not an unreasonable application of federal law. Ertman was robbed of her rings, necklaces, and cash. Eye Color: Brown The murders also forced Houston city officials to treat gangs as a serious crime problem, when they had previously denied that there was a gang problem in the city. Pete Rodriguez Obituary - San Antonio, TX - Dignity Memorial The third man was given 40 years in prison and is eligible for parole. Citations: However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. FN7. Texas Code of Criminal Procedure article 26.05(a) provides that counsel shall be reimbursed for reasonable expenses incurred with prior court approval for purposes of investigation and expert testimony [. Ayesha Gani. on Proc. Christina subsequently convinced her husband to report the incident to the police. Cantu was the 16th person to be put to death by the state of Texas this year. With the final execution completed, Pena said the two murdered girls can finally have peace. In the instant case, it is evident the prosecutor did not inject any new facts into the proceeding, much less new facts that could be deemed prejudicial or harmful. Nine minutes later, he was dead. At the time of Cantu's trial, 2(e)(1) stated: The court shall instruct the jury that if the jury returns an affirmative finding to each issue submitted under Subsection (b), it shall answer the following issue: 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 a sentence of life imprisonment rather than a death sentence be imposed. Date Received: 03/18/94 84 Lumber. 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 thirty-fourth point of error, appellant complains that neither he nor his trial counsel was given the opportunity to enter a plea of not guilty to the jury; thus, he contends, his conviction is void ab initio. In related point of error twenty, appellant contends that the trial court erred in not allowing him to question venirepersons regarding the burden of proof on the mitigation issue. The girls were still being raped when Cantu whispered to Venancio, "We're going to have to kill them.". The girls were still on the tracks when they encountered the group of boys. The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. Banda v. State, 890 S.W.2d 42, 54 (Tex.Crim.App.1994), cert. They first passed by Roman and Frank Sandoval without incident. 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. 74(f). 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. Cantu declined requests for interviews prior to his execution. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. The suggestion, given the context in which it was made, cannot be characterized as a misstatement of the law, even assuming, arguendo, appellant's assertion on this point is correct. The admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. 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. Both wree sexually assaulted by the gang members, beaten, and strangled. 16th murderer executed in Texas in 2010 Direct appeal is automatic. 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. Application denied. THE COURT: Yes, sir. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. Obituary for Pete T. Cantu | Holmgreen Mortuary Instagram Contact Us Check out some new shirts! 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. Specifically, he alleges that denying jurors the knowledge that appellant would have to serve at least 35 years in prison before becoming eligible for parole if sentenced to life in prison results in the arbitrary imposition of the death penalty in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 10, 13, and 19 of the Texas Constitution. See Lawton, supra. The off-duty deputy, who was charged with driving while intoxicated, had fallen asleep inside the Whataburger before he was found asleep again by a Universal City police officer this time behind the wheel of a running pickup with a cold, open tall boy.Read more: Police: Deputy arrested for DWI ordered burger, fell asleep. They didn't have the luxury of having anybody intervene for them, and he wants you to don't kill this child. 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. Prior Prison Record: Cantu is also serving a 10 year sentence in connection with an aggravated asault on a Houston man in January 1993. 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. Appellant is incorrect. 1978, 131 L.Ed.2d 866 (1995). 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. pete cantu texas metal. In light of the district court's thorough analysis, we cannot say that reasonable jurists would disagree with that determination and, therefore, deny a COA on this issue. Pedro Cantu - IMDb 1/29/97 -- The Texas Court of Criminal Appeals affirmed Cantus verdict and sentence. denied, 516 U.S. 1021, 116 S.Ct. The parents of Ertman and Pena, supported by other family members and friends, looked on as Cantu stared straight up toward the ceiling, taking one deep breath before he closed his eyes. He gave no final statement and showed no remorse for his acts. 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 Prosecutors say Cantu was the leader of a group of six teenage gang members who took part in the attack. Does it rise to that level? Because the second prong of the Rousseau test was not met, appellant was not entitled to a charge on the lesser included offenses of sexual assault, robbery, or kidnapping. 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. denied, 516 U.S. 946, 116 S.Ct. The gist of the State's argument is the defense did not have any evidence in its favor, which is a proper response to defense counsel's just-completed argument that the evidence was insufficient to convict appellant 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. Pete will be remembered for his infectious laugh and loving personality. 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. denied, 492 U.S. 912, 109 S.Ct. Spare his life, please, ladies and gentlemen of the jury. This version went into effect September 1, 1991. The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. "Maybe some satisfaction, but no closure.". 1317, 131 L.Ed.2d 198 (1995). In his sixth point of error, appellant contends that the trial court erred in admitting the hearsay statements of appellant's co-defendants who incriminated him. Is your room clean today? Point of error thirteen is overruled. Appellant asked for a running objection as to this line of questioning. 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. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews Date of Offense: 06/24/93 art. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. Tex. Pete Cantu (1914 - 1980) - El Cerrito, California. Tex.Code Crim. 2253(c)(2). Because our analysis involves a review of the district court's resolution of Cantu's constitutional claims, we must take account of the deferential lens through which the district court evaluated those claims. Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. While this standard may be met if the evidence would permit a finding contrary to that establishing Cantu's participation in the actual murders, see Aguilar, 428 F.3d at 531, our interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense, Campbell v. Dretke, 117 Fed.Appx. 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. Johnson, supra, at 135. 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. 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. 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. Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. 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. A woman claims these photos were taken by the person who allegedly stole her purse, which had her smart phone inside. He told the police that the girls' bodies could be found in T.C. Leave your condolences to the family on this memorial page or send flowers to show you care. Cantu's final two arguments are both framed as claims of ineffective assistance of counsel. ), cert. It was traced to the home of the brother of one of the men later sentenced to death for these murders. Several dozen people showed up outside the Walls Unit in support of the families and the execution. However, evidence as to her good character, activities she enjoyed and the impact of her on her family is not relevant as appellant was not on trial for her murder and such evidence serves no purpose other than to inflame the jury. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. Appellant's twenty-eighth point is overruled. As that Court stated: Tex.R.App. Pete Cantu - Ballotpedia 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. 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 August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. 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. Ertman will stand a few feet away, watching again through the window. When Cantu saw them, however, he thought they were a man and woman. He remains in custody as of this writing. Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. Pete Cantu in Texas(TX) found with records in 36 cities. With this standard in mind, we turn to Cantu's specific ineffectiveness arguments. Peter Cantu bragged to friends and family about being the ringleader of the gang rape and murder of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena in 1993. [THE STATE:] Who said we had to kill them? See Photos. On June 24, 1993, the girls spent the day together and then died together. To the extent Cantu's reliance on his first statement requires disbelieving his second statement in which he admitted to the killings, he failed to produce significant evidence calling the legitimacy of his second statement into question: he showed no constitutional or statutory violation in the taking of the statement, and he offered no trial testimony challenging the accuracy of his second statement. Additionally, the Texas death penalty scheme was found constitutional by the Supreme Court in Jurek v. Texas, 428 U.S. 262, 270-72, 96 S.Ct. Expressions of sympathy may be sent at www.schaetter.com. This is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own. Appellant alleges in point thirty-three that the death penalty as presently administered in Texas is cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 13 of the Texas Constitution. Texas Metal (TV Series 2017-2021) - Full Cast & Crew - IMDb We first note that in reviewing the constitutionality of a statute, we must view the statute as applied to appellant only. If enough of any type of evidence exists in the record so that any rational trier of fact could have believed an issue to be true, then we need not know what a specific trier of fact believed. Building Materials. That October, Denson and another officer, Stephen Orlando, were tried on murder charges and an. FN1. Santikos v. State, 836 S.W.2d 631 (Tex.Crim.App. Thus, the Supreme Court held: [I]f the State chooses to permit the admission of victim impact evidence and prosecutorial argument on that subject, the Eighth Amendment erects no per se bar. 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.