Dec.13, 2006). Especially the white chick, she looked good, huh, Junior? He told Venancio to stay behind, saying he was "too little to watch." Do we kill our children when you know they needed help, when you know they're a problem, when you know there are problems? See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. We likewise decline to undertake such a review in the instant case. Andrea Gorfolova. 2253, 132 L.Ed.2d 260 (1995). 2023 Holmgreen Mortuary. Given the sparsity of the victim impact evidence, the fact that it was not mentioned by the State during arguments (appellant did briefly refer to this testimony during his punishment arguments), and the overwhelming focus during the punishment phase on appellant's behavior and the circumstances of the offense, we conclude the victim impact evidence made no contribution to punishment. Also gone is natural gas pioneer George Mitchell, who passed . Texas presents the question of mitigating evidence to a jury through article 37.071, sections 2(e)(1) and 2(f)(4) of the Texas Code of Criminal Procedure. Pete Cantu (1914 - 1980) - El Cerrito, California. Johnson, supra, at 135. 1997). ", Even now, both families say there is no closure. 1127, 127 L.Ed.2d 435 (1994), in support of his argument that capital punishment is violative of the United States Constitution. Appellant's claimed error could have been corrected easily if he had timely called it to the court's attention by making a contemporaneous objection. 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. He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. Cantu's family did not attend his killing. 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. 52(a). ", 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. We have already decided these issues adversely to appellant. Four days after the murders, Christina Cantu convinced her husband to call the police. 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. Archived from the original on June 6, 2022. STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. "I think about them. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. We decline to revisit this issue here. Appellant asserts in points twelve and thirteen that the Texas death penalty has been arbitrarily imposed and is unconstitutional because of the different capital sentencing schemes that have been in effect since the early 1970's. Does it justify it? denied, 507 U.S. 975, 113 S.Ct. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. See Peltier v. State, 626 S.W.2d 30 (Tex.Crim.App.1981); Ex parte Sewell, 742 S.W.2d 393 (Tex.Crim.App.1987); Essary v. State, 53 Tex.Crim. See Photos. That is when Cantu, now 35, is set to die by lethal injection in Hunstville. All of the participants were then arrested, and, while in custody, Cantu provided two written statements to the police. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. (Aug. 17, 2010, 10:41PM). 2253(c)(2). For the following reasons, we decline to issue a COA on any of those issues. Once dead, the girls' bodies were left in the woods, and the gang members proceeded to Cantu's home, where they bragged of their crime to Cantu's brother and sister-in-law. See Photos. the Art. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. Because of our resolution of points of error eighteen and nineteen, supra, we hold that this was not error. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. Hair Color: Black 4/21/10 -- The 178th District Court set Cantus execution date for August 17, 2010. Appellant further 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. A little thing that I would suggest is that you kind of go in the step of number one, you look to determine is there any mitigation. Deputies chased the vehicle until it broke down at F.M. The gang members took Jenny and Elizabeth from the clearing into a wooded area, leaving the juvenile behind, saying he was "too little to watch". Leave your condolences to the family on this memorial page or send flowers to show you care. 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. Second, Cantu asserts that the Eighth Amendment's proscription of cruel and unusual punishment was violated by the trial court's refusal during the guilt-innocence phase to instruct the jury on three lesser-included offenses: sexual assault, robbery, and kidnapping.FN2 Cantu bases his claim on the Supreme Court's decision in Beck v. Alabama, 447 U.S. 625, 100 S.Ct. Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. The Ertmans and Penas, again with Kahan's assistance, were also instrumental in getting Texas law changed so that victims' relatives are permitted to witness the executions of their loved ones' killers. When they tested evidence, O'Brien's fingerprints were matched to some found on a beer can under Patricia's body at the murder scene. The girls were hurrying along railroad tracks in the dark in order to get home by their curfew. (AP August 17, 2010). Point of error forty-four is overruled. 2458, 104 L.Ed.2d 1013 (1989); Harris v. State, 827 S.W.2d 949, 962 (Tex.Crim.App. Resides in Laredo, TX. 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. 3230, 106 L.Ed.2d 578 (1989). FN7. Elliott v. State, 858 S.W.2d 478 (Tex.Crim.App. 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. Follow. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. Johnson v. Quarterman, 483 F.3d 278, 285 (5th Cir.2007). 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. Antonio "Tony" Arizola Cantu 74, passed away on Sunday, June 13, 2021, in San Antonio. to the family or plant a tree With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. Eye Color: Brown The indictment or information shall be read to the jury by the attorney prosecuting. After Raul fought all of the members, he was welcomed into the gang. Also, it is clear from her closing argument the prosecutor never told the jury they must find a nexus between the offense and the evidence offered as mitigating by the appellant; she merely suggested that they weigh the evidence in this manner. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. Does it rise to that level? Failure To Object To Prosecution's Argument. 1. the circumstances of the capital offense, including the defendant's state of mind and whether he was working alone or with other parties; FN3. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. Hell, no.". Log In. * that appellant attacked a sixth grade teacher; 705 (1992). [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. They had spent the evening drinking beer and then "jumping in" Raul. 401 and therefore irrelevant in the context of the special issues under Art. LinkedIn is the world's largest business network, helping. In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. denied, 515 U.S. 1105, 115 S.Ct. Appellant's objections were overruled and the evidence was admitted. Sonnier v. State, 913 S.W.2d 511, 520-21 (Tex.Crim.App.1995); McFarland v. State, 928 S.W.2d 482 (Tex.Crim.App.1996). 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. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. Eight minutes later, he was dead. On the night of June 24, 1993, this gang met to initiate a new member, Raul Villareal. Eduardo Munoz, 20, is accused of robbing the same store four times Dec. 14 and one the fifth attempt he was arrested. 37.071. 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. Why kill when we know that sometimes we don't get it right?" John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. They were friends who attended the same high school in Houston, Texas, Waltrip High School. He was dearly loved and will be greatly missed by all who knew and loved him. Appellant's argument is purely based on statistical studies allegedly showing that, in Texas, the death penalty is more likely to be assessed when the victim is white than when the victim is a member of a racial minority. 2/5/09 -- Cantu appealed to the United States Court of Appeals for the Fifth Circuit. After reviewing the district court's thoughtful consideration of the issue, we cannot say that reasonable jurists would disagree with its determination that the state court's conclusion was a reasonable application of federal law. However, he does contend the evidence is insufficient to support the jury's affirmative answer to the special issue on future dangerousness. [WITNESS:] He is just agreeing with them. We object to the out of court statements of these co-defendants that we can't confront and cross examine. WebPete Cantu was born on April 9, 1914. Ertman tried to help. (Direct Appeal). Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. "Nah," Cantu replied. As such, we hold that our capital murder scheme does not amount to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Moore v. State, supra at 128, 128-09). 3368, 73 L.Ed.2d 1140 (1982). 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. Perez and Villarreal will not be eligible for parole consideration for more than two decades. In related point of error eleven, appellant alleges that the trial court erred in failing to set aside the indictment because the special issues are not properly understood by the jurors. In fact, while Rousseau actually addressed the pre-1991 version of the statute, we noted that the Interpretive Commentary to the revised 1991 statute, under which appellant was tried in the instant case, stated that the revisions foreclosed the potential for a challenge to the statute based upon Mills v. Maryland, 486 U.S. 367, 108 S.Ct. Proc. 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. I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. Regarding a sufficiency review of mitigating evidence, we declined in Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995) to perform such a sufficiency review [b]ecause the weighing of mitigating evidence is a subjective determination undertaken by each individual juror. Colella, supra, , 915 S.W.2d at 845; Lawton, supra; Turro v. State, 867 S.W.2d 43, 47 (Tex.Crim.App.1993). 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. The girls were still being raped when Cantu whispered to Venancio, "We're going to have to kill them.". H-07-CV-3016, 2009 WL 275172 (S.D.Tex. All data is collected from public records. Jose Medellin was executed in August 2008. 596, 111 S.W. She'd been raped and eviscerated. We hold that the inclusion of the latter instruction satisfied the constitutional deficiency appellant avers was created by the inclusion of the intoxication instruction.
