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. 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. Hence, the Supreme Court removed the Eighth Amendment bar to evidence about the victim and evidence about the impact of the murder on the victim's family created by Booth v. Maryland, 482 U.S. 496, 107 S.Ct. Appellant raises forty-five points of error. I also dissent to the discussion of points one through four involving not allowing the jury to be informed that if sentenced to life appellant was statutorily mandatorily required to serve 35 years in prison before becoming eligible for parole. 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. For those who so desire you may make memorial contributions in his memory to the charity of your choice. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. TEXAS PIPELINER Welder (STC) . There is no reason to treat such evidence differently than other relevant evidence is treated. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. All data is collected from public records. See Walton v. Arizona, 497 U.S. 639, 110 S.Ct. 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. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. No, not in the least. After the belt broke, the killers used her own shoelaces to finish their job. A visitation will be held from 10:00 AM to 11:00 AM with a Holy Rosary to be recited at 11:00 AM on Monday, February 21, 2022 at Holmgreen Mortuary, 2061 E. Main St., Alice, TX. Provide a detailed review of this contractor: ** residential re-roof- w/ no change to pitch/ removing existing shingles and replacing w/ same type/no other work being done/all work must comply w/irc & udc.-**ama, $26.50 paid to City of San Antonio, Texas, Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes, City of San Antonio, TX Licensed Contractors. DR#: 999093 2009). One of the deputies exited his vehicle and chased after Cantu, who then doubled back to the deputy's vehicle and drove off into Comal County. Ex parte Cantu, No. Nelson, supra, at 498. Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. The girls encountered Roman and Frank Sandoval as they made their way home, but managed to pass them without incident. [WITNESS:] He just said, I did that, too. 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. Man arrested after police say he stole vehicle of deputy who was - mySA ), cert. Twelve of the fastest street racing teams in America are taking to a secret road in Wyoming to compete for $300,000 and a chance to call themselves the fastest in America. He was on the first three seasons of the show, but in the latest one, he's nowhere to be seen. 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. Peter Anthony Cantu #1224 At this point, the Sandoval brothers decided that it was time to leave. Pete T. Cantu Obituary (1980 - 2022) | Orange Grove, Texas - Echovita 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. 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. 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. He was on probation for assault in connection with an incident at the Astrodome parking lot in which he threatened another youth with a knife. (plurality op. We hold that the same analysis applies to the new statute and appellant has given us no reason to revisit this issue. Instagram Contact Us Check out some new shirts! 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. All Rights Reserved. Appellant's argument centers around the concept that aggravating circumstances must be adequately defined for the jury. A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to: 2658, 125 L.Ed.2d 290 (1993). 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. (Direct Appeal). After unsuccessfully appealing his conviction . Appellant asserts in point of error twenty-eight that his Eighth and Fourteenth Amendment rights were violated by the submission of vague terms in the first two special issues submitted in the punishment phase. (PDF) Viva Cristo Rey! Una historia oral de la comunidad catlica Derrick Sean O'Brien was executed in July 2006. A jury found Peter Cantu guilty of capital murder in February 1994 and sentenced him to death. Arrangements are entrusted to Holmgreen Mortuary, 2061 East Main Street, Alice, Texas. Point three claims reversible error in precluding him from presenting testimony about that parole eligibility requirement. 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. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. Situando a esta In hearing these comments, appellant consistently agree[d] with his cohorts' renditions of the evening's events. * that appellant attacked a sixth grade teacher; 1987 Peter "Pete" Cantu 1988 Jay Smith 1989 Don Valdez 1990 Butch Vickers & David Uribe 1991 Hector Sandoval 1992 Refugio "Cuco" Escobedo 1993 George Wright The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. 2/9/94 -- After a separate penalty hearing, Cantu was sentenced to death. 385, 133 L.Ed.2d 307 (1995); Broxton v. State, 909 S.W.2d 912 (Tex.Crim.App.1995); Sonnier v. State, 913 S.W.2d 511 (Tex.Crim.App.1995). Appellant then requested and received an instruction to the jury to disregard the comment. at 688, 690, 104 S.Ct. 2/23/98 --- Cantu filed an application for state writ of habeas corpus. denied, 516 U.S. 832, 116 S.Ct. He also parceled out the jewelry and money he took from the girls. Point of error forty-four is overruled. Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. We hold this requisite to be applicable to non-psychiatric experts as well. at 336, 123 S.Ct. To begin, we note that the only evidence that appellant specifically complains about on appeal is the testimony of Pena's mother at the punishment phase of trial. He was friendly and never met a stranger. Manager of the Year: Pete Cantu - YouTube In the first statement, Cantu only admitted his role in raping and stealing from the girls, but he was silent as to their murder. At least they probably have a daughter they can go home to," Stacey said. With this standard in mind, we turn to Cantu's specific ineffectiveness arguments. Open it up, look at it. The individual breaking into the home punches the window, suffers a a vicious cut to the hand and runs off. 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. Romans brother Frank, and Joes fourteen-year-old brother, Venancio, were also present. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. 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 what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. Contractors DirectoryInformation on every contractor in United States. During this arraignment, the State read the indictment, and the court asked appellant how he pled. 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. We likewise decline to undertake such a review in the instant case. 2193, 109 L.Ed.2d 520 (1990). 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. FN3. With $53,000 being the highest bid for the 332-mile supercharged 1/2-ton, it moved on for a . See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. "I think whatever they did, no matter how much there is, they should stand trial for every single thing." One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." 131, 133 L.Ed.2d 80 (1995); Willingham v. State, 897 S.W.2d 351 (Tex.Crim.App. 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). (10:41 PM CDT, August 17, 2010). 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. 16th murderer executed in Texas in 2010 Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. Thus, this evidence is admissible under Texas Criminal Evidence Rule 401. Ruben Cantu: The wrong man? | CNN You are instructed that certain evidence introduced to you has been offered in mitigation of the Defendant's punishment. Point of error thirty-six is overruled. Now [defense counsel], I don't blame him. 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[.] 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). "Put it this way: I wish my daughter could have died the way he died today. has been arrested for allegedly ramming his car into a Dollar General on the East Side, attempting to rob a nearby gas station and then returning to the Dollar General to rob the store a second time. Derrick O'Brien, belted to a gurney, looked through the death chamber window at Ertman and other relatives of the girls and called his involvement "the worst mistake that I ever made in my whole life." Your email address will not be published. [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. 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. He said he was told repeatedly by Peter Cantu to "get some". Here, the district court determined that the state court did not unreasonably apply federal law in concluding that the prosecution's argument was proper and, therefore, that Cantu's counsel's performance was not deficient in failing to object to the argument. In that case, a 27-year-old woman was found at a Houston park with her throat cut. Her family was present at his trial for the June murders. He let out a final breath at 6:17 p.m. and peacefully died. * that appellant threatened to kill an officer of the law; and Cantus execution was the third connected with the case. See Free v. Peters, 19 F.3d 389 (7th Cir. Ertman made the drive here four years ago for the first execution. Proc. We will affirm. 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. Ertman was robbed of her rings, necklaces, and cash. We would like to offer our sincere support to anyone coping with grief. 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. Associated Addresses. They should have hung them. Log In. This Court has held that, when challenging the constitutionality of a statute: Thus, if in your judgment, a mitigating circumstance independently calls for a life sentence even though it also tends to support a yes answer to a Special Issue, you must not answer the Special Issue yes, but rather you should answer it no. Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. Two who were 17 when the girls were killed were spared the death penalty when the U.S. Supreme Court barred execution of people who were under 18 when they committed their crimes. The pertinent part of Article 37.071 2(a) reads: Points of error twenty-five through twenty-seven are overruled. Appellant objected that this was improper impeachment on a collateral matter. 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. Compare, Cofield v. State, 891 S.W.2d 952 (Tex.Crim.App.1994).FN7 Point of error six is overruled. * that appellant created problems in school by fighting and cursing; Know more about Cantu Roofing? Education: GED ), cert. ), cert. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. The admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. However, before she ventured into actual statements that appellant and/or his co-defendants made, the following occurred: [THE STATE:] Did someone else tell you what happened? Valerie Nicole. denied, 506 U.S. 999, 113 S.Ct. The Supreme Court has also expressed approval of this method of instructing the jury concerning the consideration of mitigating evidence. FN7. B Rare CDs, MP3s, DVDs and MP4s Live Concert Recordings Log in or sign up for Facebook to connect with friends, family and people you know. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. Resides in Laredo, TX. We concluded that the trial court's decision to admit this testimony was not an abuse of discretion in that such testimony was within the zone of reasonable disagreement of evidence relevant to sentence. denied, 516 U.S. 946, 116 S.Ct. Proc. 74(f). The district court determined that this conclusion was not an unreasonable application of federal law. On that June night, the girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. Anderson v. State, supra, at 509-10. Do you think that if Mr. Ertman or Mr. Pena or Mrs. Ertman or Mrs. Pena had come on up on the scene and said to Peter and his gang don't kill that child, don't kill that child, would he have listened? Christina subsequently convinced her husband to report the incident to the police. The excerpt was also relevant as to the witness' credibility as it contradicted her testimony that she did not find the murders of Jennifer Ertman and Elizabeth Pena somehow funny or amusing. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. Metal Depot Inc. 2052. Randy Ertman appeared on the local news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair? Medellin and O'Brian each apologized prior to their respective executions, but Pena said he did not expect an apology from Cantu on his deathbed and he was not surprised when he did not get one. 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. View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas She screamed. When the jury was brought back in, the State again asked if the witness thought the killing of the two girls was funny. Second, he argues that his trial counsel rendered ineffective assistance for failing to object to the prosecution's sentencing-phase argument urging the jurors to look at the admitted photographs. Shoelaces were used to strangle Pena. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. Penal Code Ann. See Lawton, supra; see also McFarland, supra. 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. They have also lived in Marion, TX. (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; To be accepted into the gang, Villareal had to fight the other gang members in turn until he passed out. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. He married Dominga Arizola in 1945. Proc. The inexplicable act of random predation struck a chord among city residents as few other cases. Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249 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. The boys boasted about the rapes and killings. Archived from the original on June 6, 2022. In 1946, Pete initially started as a messenger boy for Western Union. In fact, death row rules were changed to allow families to watch executions because of this case. Cantu; Pete Cantu; Texas; San Antonio; Pete Cantu in San Antonio, TX 19 results - Pete Cantu may also have lived outside of San Antonio, such as Laredo, Sinton and 2 other cities in Texas. The girls were still on the tracks when they encountered the group of boys. ; Keeton v. State, 724 S.W.2d 58, 61 (Tex.Crim.App.1987) ( Keeton I); Heiselbetz v. State, 906 S.W.2d 500, 507-508 (Tex.Crim.App.1995). 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. 2253(c), Cantu now seeks from this court a certificate of appealability. We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. 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. The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. Pete T. Cantu Obituary Point of error thirty-five is overruled. (Habeas). The person not sentenced to death, 14 at the time, got a 40-year sentence. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. 81(b)(2). I love you too Pete, may you find peace wherever you are, finally you are free. Michelle Cantu Found! - See Phones, Email, Addresses, and More 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. We object to the out of court statements of these co-defendants that we can't confront and cross examine. 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.. 2(f)(4). He did not look toward the witnesses and made no last statement. ), cert. 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. 52(a). Four of the other assailants were also convicted of capital murder and sentenced to death. [WITNESS:] Yes. "We could have put all of them in prison for life. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. 1978, 131 L.Ed.2d 866 (1995). Point of error seven is overruled. See, Article 36.14, V.A.C.C.P.-The trial court shall deliver to the jury a written charge distinctly setting forth the law applicable to the case [. Andrea Gorfolova. "I told him to stick it. pete cantu texas metal "They left my house and they were supposed to go home," Rios said. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. In related point twenty-three, he further alleges that the trial court's charge on unadjudicated offenses requires reversal because there is no way for this Court to meaningfully review the sufficiency of the evidence. 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. Hence, appellant's point of error thirty is overruled. RESPONSE SUMMARY JUDGMENT MTN March 30, 2010 | Trellis PEDRO CANTU - Pleasanton Express denied, 513 U.S. 853, 115 S.Ct. Christina noticed that Villareal was bleeding and that Perez had blood on his shirt and asked them what happened. The district court highlighted that the Supreme Court has itself refused to extend Simmons's holding beyond when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law. Ramdass v. Angelone, 530 U.S. 156, 166, 120 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. of Criminal Justice) HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston. Deadline Hollywood. 1. See Johnson v. Puckett, 930 F.2d 445, 448 (5th Cir.1991) (We have repeatedly held that a contention not raised by a habeas petitioner in the district court cannot be considered for the first time on appeal from that court's denial of habeas relief.). He was nice enough to ask permission from a contractor working next door before doing the deed, according to an arrest warrant affidavit. Owner at Last Note Productions. Instead, the Code of Criminal Procedure simply requires that the State prove each element of a crime beyond a reasonable doubt, whether the jury believes all of the State's evidence or only part of it. Appellant's tenth and eleventh points of error are overruled. 600, 121 L.Ed.2d 537 (1992). Point of error twenty is overruled. His is . 3230, 106 L.Ed.2d 578 (1989); San Miguel v. State, 864 S.W.2d 493, 495-96 (Tex.Crim.App.1993), cert. He became notorious for trying to kick a TV cameraman recording his arrest. Unfortunately, he revealed on Instagram . Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). The police were sent to the scene and searched the park without finding anything. Pedro Cant Guzmn - Ancestry.com Leave your condolences to the family on this memorial page or send flowers to show you care. * that appellant threatened a woman and broke a window at her home; Pedro Cantu Obituary (2019) - Denham Springs, LA - The Advocate OVERSTREET, Judge, concurring and dissenting. Point of error forty-two is overruled. Pete Cantu. 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. To meet the first required showing, Cantu must demonstrate that his counsel's representation was unreasonable as determined by prevailing professional norms in light of the case's facts as viewed at the time of counsel's conduct and in light of our strong presumption that counsel rendered adequate assistance. The court, the attorney representing the state, the defendant, or the defendant's counsel may not inform a juror or a prospective juror of the effect of a failure of a jury to agree on issues submitted under Subsection (c) or (e) of this article. ^ D'Alessandro, Anthony (January 22, 2022). Green v. State, 934 S.W.2d 92, 106, 107 (Tex.Crim.App.1996).