2658, 125 L.Ed.2d 290 (1993). [THE STATE:] During this time when they're saying what they did to the girl, what's [appellant] doing or saying? The second special issue submitted to the jury and of which appellant now complains reads in pertinent part as follows: denied, 510 U.S. 905, 114 S.Ct. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Mayes v. State, 816 S.W.2d 79, 86 (Tex.Crim.App.1991); Camacho v. State, 864 S.W.2d 524 (Tex.Crim.App.1993), cert. 2934, 106 L.Ed.2d 256 (1989). Point of error thirty-four is overruled. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. in memory of Pete T. Cantu, please visit our floral store. 78 and Loop 1604. 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. 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. at 688, 690, 104 S.Ct. He was charged with unlawfully carrying a weapon. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. 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. "He did a horrendous crime to these two girls and he deserved to die. Ha-ha. With the circumscribed nature of our review in mind, we now turn to the merits of Cantu's petition. One of the boys boasted of having 'virgin blood' on him. It should also be noted that the statements were made in the presence of appellant's brother (a gang member himself) and his sister-in-law and thus the speakers reasonably felt they could confide in them and had no motivation to lie or place the blame for the crime on someone else. After the initiation concluded, two girls-Jennifer Ertman and Elizabeth Pena-stumbled upon the group. ^ D'Alessandro, Anthony (January 22, 2022). Several witnesses testified appellant had a history of violent behavior and offenses. See Photos. Preceded in death by his parents, five brothers: Isidro, Ben, Jacinto, Tiofilo, and Pablo Cantu, four sisters: Janie Arguijo, Julia Flores, Frances Arguijo, Lupe Cantu, grandson: Matthew Cantu, four greatgrandchildren: Rosando Cantu, Emily Marquez, Jacob Benitez, Jasmine Cadena. Enter Pete Cantu in Texas. In making this comparison, the prosecution referred to the challenged photographs. Appellant does not here argue that the extraneous offenses should not have been admitted. Court appeals to delay the punishment appeared exhausted. When everyone was finished, Cantu told the boys to take the girls into the woods. Appellant walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. "They are still in our hearts and prayers.". (806) 763-5556. Subsequent decisions by this court have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime. East v. Scott, 55 F.3d 996, 1005 (5th Cir.1995) (internal citation omitted) (quoting Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir.1988)); see also Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir.2005). Weight: 135. Alize Nio) 6.el sabado 7.no te preocupes (tejano) 8.extrao. 6. whether the defendant was acting under duress or the domination of another at the time of the offense; In light of the record as a whole, the error in precluding the jury from being informed about the parole ineligibility provision was no doubt harmless. ), cert. However, this holding was subsequently rejected by the Seventh Circuit. The group then headed towards some nearby railroad tracks. Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. Think about the ordeal of those two young girls right here. on Jester Park. They were spotted by the group, pulled off the tracks and taken into nearby woods where they were sexually assaulted. denied, 514 U.S. 1117, 115 S.Ct. 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. In response to her friend's cries, Jennifer ran back to help, but appellant grabbed her and dragged her down the hill as well. 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. 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. Ertman made the drive here four years ago for the first execution. "Randy and Sandy have been through enough theres nothing left for them to say," Stacey said. Cantu v. Quarterman, 341 Fed.Appx. Alva allegedly stole thousands of dollars from a law office on Broadway while patrolling. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. 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. He has a whole business dedicated to handmade car interiors. In his twenty-fifth point of error, appellant complains that the death penalty statute is unconstitutional as applied to him in that it failed to narrow the sentencer's discretion as a result of the deletion of the deliberateness issue. (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; The phone transferred the photos to her online account, and she shared them on Facebook. at 2606-07. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. In lieu of flowers, donations can be made to the Texas Scottish Rite Hospital for Children or the charity of your choice. Four of the other assailants that night were also convicted of capital murder and sentenced to death. 81(b)(2). He was pronounced dead at 6:17 p.m. The law should be provided by the trial court in the jury charge, not by questioning the witnesses. Appellant, Peter Anthony Cantu, was charged by indictment with the offense of capital murder for killing Jennifer Ertman in the course of committing or attempting to commit robbery, kidnapping and aggravated sexual assault. Associated Phone Numbers. Texas Metal Season 3: Premiere Date, Cast, Trailer, Host & News. She had been stabbed and slashed in the abdomen, throat and back and strangled. Rousseau, 855 S.W.2d at 687, n. 26. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. After unsuccessfully appealing his conviction . In Ford, the deceased victim's sisters and mother, who had also been victims of the crime, testified regarding the relationship each had with the deceased victim as well as to the effect that the crime had on them. 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. can stop at any time. Yeah, yeah, I remember that. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. FN4. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. 1339, 113 L.Ed.2d 271 (1991). 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. Cantu's assertion, however, invites us to look only at a single item of evidence and to ignore all of the remaining evidence in the case. Jester Park at White Oak Bayou. Therefore, if he asserts that any evidence presented during the guilt/innocence phase constitutes inadmissible victim impact evidence, he has not preserved that complaint for appellate review. In points of error eighteen and nineteen, appellant avers that the mitigation issue of Article 37.071 2(e) violates the Fifth and Fourteenth Amendments to the United States Constitution because it shifts the burden of proof to the defendant or omits it entirely. A woman claims these photos were taken by the person who allegedly stole her purse, which had her smart phone inside. 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. Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony The statements in question made in the presence of appellant were admissible as adopted admissions under Tex.R.Crim. In Texas, low oil prices have flatlined the growth in some fortunes, like that of San Antonio natural gas tycoon Rod Lewis . You know what damage was done to their bodies. McFarland, 928 S.W.2d at 520. 600, 121 L.Ed.2d 537 (1992). 1224th murderer executed in U.S. since 1976 Messages run for up to one year and you 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. Especially the white chick, she looked good, huh, Junior? Choose one of our three Metal Depot locations in Southeast Texas for all of . [WITNESS:] [Appellant], Joe, Junior and Raul. Failure To Object To Prosecution's Argument. United States v. Branch, 91 F.3d 699, 713 (5th Cir.1996) (in discussing the amount of evidence that is sufficient to require an instruction on self defense, the court considered Beck and other cases addressing lesser-included-offense instructions and stated that it is not enough that an item of evidence viewed alone and unweighed against all the evidence supports the instruction sought by the defendant). His is . 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. After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Tex.R.App. Nearly two decades after friends and relatives frantically distributed flyers offering a $10,000 reward for help finding the teenagers who failed to return home from a summer pool party, prosecutor Donna Goode still has one in her office.