When Cantu saw them, however, he thought they were a man and woman. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. denied, 510 U.S. 905, 114 S.Ct. 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. 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. 680 following. "It does make a little difference. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. Even if one disregards the evidence of extraneous offenses, the evidence remaining was sufficient to support the jury's affirmative finding as to the future dangerousness special issue.FN11 Appellant's points of error twenty-one and twenty-three are overruled. Ertman was robbed of her rings, necklaces, and cash. 42.18, 8(b)(2), V.A.C.C.P., provision requiring a prisoner serving a life sentence for capital murder to serve 35 calendar years, without consideration of good conduct time, before becoming eligible for parole. You are instructed that, in considering the mitigating factors in answering the special issues, you are to consider the Defendant's youth as a mitigating factor.. denied, 513 U.S. 1157, 115 S.Ct. Known for Texas Metal 7.1 TV Series Self - Owner, '96 Impala SS (as Pedro 'Pete' Canti) 2021 1 ep Credits IMDbPro Self Previous 1 Texas Metal Self - Owner, '96 Impala SS (as Pedro 'Pete' Canti) TV Series 2021 1 episode Personal details Alternative name Pedro 'Pete' Canti Contribute to this page Suggest an edit or add missing content [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? She bought the beer and went with the group, unwittingly heading to her death. A memorial was erected to them at Waltrip High School, which they attended. Appellant's argument centers around the concept that aggravating circumstances must be adequately defined for the jury. "Put it this way: I wish my daughter could have died the way he died today. Perez and Villarreal will not be eligible for parole consideration for more than two decades. 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. Forbes 400: The Richest People In Texas 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). Leave your condolences to the family on this memorial page or send flowers to show you care. Appellant has not done this. On appeal, appellant claims that the entire testimony of Pena's mother was inadmissible at the punishment stage of trial. 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. Penal Code Ann. 869, 71 L.Ed.2d 1 (1982) and Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. 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. M. Pena also told the jury what her daughter had been like in life: personality traits she exhibited, activities she had engaged in, and similar good character type evidence. [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. Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. Wasn't no pain. Log In. Pete Cantu in San Antonio, Texas | Phone Number, Email, Address - Spokeo Johnson v. State, 803 S.W.2d 272, 292 (Tex.Crim.App.1990), cert. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). Longtime friend Jim Stacey, speaking on their behalf, said they were ready to put the crime and its aftermath "as far behind them as possible" and left Huntsville immediately after the execution. denied, 510 U.S. 997, 114 S.Ct. Id. However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. 1317, 131 L.Ed.2d 198 (1995). See Sonnier, supra. In points of error twenty-one and twenty-two, appellant challenges the sufficiency of the evidence to support the jury's answers to the issues on future dangerousness and mitigation. 2023 Holmgreen Mortuary. 6. whether the defendant was acting under duress or the domination of another at the time of the offense; OVERSTREET, Judge, concurring and dissenting. Cantu v. Quarterman, 341 Fed.Appx. Her family was present at his trial for the June murders. 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. In search of vegan food, I found a world-class Mendocino inn. M. Pena explained to the jury the events surrounding her daughter's disappearance and the family's effort to find her. 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. See Photos. * that appellant threatened a woman and broke a window at her home; Appellant has provided no reason why the situation should be different in Texas. Some carried signs but none chanted or spoke loudly. Johnson v. Quarterman, 483 F.3d 278, 285 (5th Cir.2007). A clemency must be granted to Peter Cantu. 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). Not soon enough. denied, 513 U.S. 853, 115 S.Ct. Martinez was appellant's second witness at the punishment phase of trial. 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. Randy commandeered the news van and went to the scene that was now bustling with police activity. "We can say its the end, but its never going to be closure," Adolfo Pena, Elizabeths father, said afterward. denied, 516 U.S. 832, 116 S.Ct. 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. 37.071, 2(e)(1) (1991). As stated in the previous point, neither the state nor federal constitution requires that certain evidence be labeled as mitigating, nor does it require what weight, if any, should be given to evidence that is found to be mitigating. The crime was committed on or about June 24, 1993. Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. 2(f)(4). [WITNESS:] Yeah. * * * Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. Prior Prison Record: Cantu is also serving a 10 year sentence in connection with an aggravated asault on a Houston man in January 1993. Before moving to Central Texas, Michael worked as a digital content producer and later flourished into a news reporter at KCBD NewsChannel 11. A woman claims these photos were taken by the person who allegedly stole her purse, which had her smart phone inside. Elgin, Texas. Holdings: The Court of Appeals held that: 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. For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses. These arguments are unavailing. ), cert. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Our Hometown The initiation involved fighting each member of the gang for a five to ten minute period. ", Their battered and decomposing bodies, left to mummify in a wooded field in the relentless heat of Houston's summer, were found four days after they disappeared. TEXAS PIPELINER Welder (STC) . She testified that appellant was friendly to her and never mistreated or was disrespectful to her. 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. The plea of not guilty may be made orally by the defendant or by his counsel in open court. 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. denied, 510 U.S. 829, 114 S.Ct. 724, 735-36 (5th Cir.2005). Joe Cantu also testified appellant agreed with everything that was being said about the rapes and killing, nodding his head and saying, [Y]eah daddy, you got it.. Appellant was subsequently convicted of capital murder in February of *631 1994.FN1 Tex. See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). FN13. It affected more than just Melissa and me and Randy and Sandy.". 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: "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. He told the call taker that the missing girls' bodies could be found near T.C. 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. 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. 102 East 50th Lubbock TX 79404. M. Pena then testified as to her relationship with her daughter and her daughter's relationship with other members of the family. * * *. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. Cantu additionally argued to the district court that he was entitled to a lesser-included instruction on simple murder; however, he does not argue that he is entitled to such an instruction in his petition for COA. Two members also have been executed and two others are serving life prison sentences. Associated Addresses. At 6:09 p.m., lethal injection drugs entered Cantu's body. Especially the white chick, she looked good, huh, Junior? 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. "Two beautiful young girls," Goode says. 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? 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. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. Spence v. State, 795 S.W.2d 743, 759 (Tex.Crim.App.1990), cert. 106, 133 L.Ed.2d 59 (1995).