A memorial was erected to them at Waltrip High School, which they attended. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas Cantu contends that a rational jury could look only at his first written statement-in which he admitted to kidnapping, robbing, and sexually assaulting the girls but omitted any mention of killing them-and convict him of only the lesser-included crimes. Though some of the assailants had little previous brushes with the law, Cantu by the age of 18 had given plenty of indication he was headed for trouble. Pete Cantu. Compare, Cofield v. State, 891 S.W.2d 952 (Tex.Crim.App.1994).FN7 Point of error six is overruled. The extraneous offenses that were admitted included: When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". Article 37.071 2(h). When the rapes finally ended, the horror was not over. Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. Section 2(e) was added to address Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Sheet Metal Worker. Joe Cantu had watched the group divide the girls small amount of cash and meager possessions and listened to them laugh and brag about the assaults. Very brutal, very slow, tortured, a senseless killing. In response to her friends cries, Jennifer ran back to help, but Cantu grabbed her and dragged her down the hill as well. A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. Chambers v. State, 866 S.W.2d 9, 27 (Tex.Crim.App. Tex. LinkedIn is the world's largest business network, helping. However, his request for a mistrial was thereafter denied. (806) 763-5556. . (AP August 17, 2010). He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. They were forced to perform oral sex. Thus, no egregious harm, if any harm at all, can be established. 1115, 130 L.Ed.2d 1079 (1995); McFarland, supra. Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. 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. The initiation involved fighting each member of the gang for a five- to ten- minute period. The person not sentenced to death, 14 at the time, got a 40-year sentence. 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. 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. denied, 516 U.S. 843, 116 S.Ct. 155, 130 L.Ed.2d 94 (1994): He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. 17. 6. whether the defendant was acting under duress or the domination of another at the time of the offense; 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. 440, 256 S.W.2d 86, 88 (1953); Tutor v. State, 599 S.W.2d 818, 819 (Tex.Crim.App.1980). ", Maria Frausto said she often says a small prayer when she jogs past the memorial. When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. Article 37.071 2(f)(4) defines mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness. (Emphasis added.) Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. A clemency must be granted to Peter Cantu. The Antiterrorism and Effective Death Penalty Act (AEDPA) requires a petitioner to obtain a COA in order to appeal the district court's denial of his habeas petition. All data is collected from public records. Therefore, if you find, or have a reasonable doubt thereof, that the defendant at the time of the commission of the offense for which he is on trial, was laboring under mental or physical incapacity caused by voluntary intoxication, then you may take such condition into consideration in mitigation of the penalty attached to the offense for which the defendant is being tried. We do note that on the penultimate page of his brief, appellant refers to the term, continuing threat to society. This Court has repeatedly rejected the contention that terms such as this must be defined in the charge. Cantu also confessed. The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. As such, we hold that no error has been created by these events. 2658, 125 L.Ed.2d 290 (1993). Contractors DirectoryInformation on every contractor in United States. Proc. Point of error thirteen is overruled. Cantu appeared happy and amused by the conversation and readily agreed with the recollection of events. 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. The death penalty in general is immoral, uncivilized, cruel, inhumane, barbaric, unjust and vengeful. Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. ), cert. Log In. We will not revisit the issue here. Log in or sign up for Facebook to connect with friends, family and people you know. Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. Thus, we do not consider the argument on appeal. These complaints occurred at punishment, and thus had no effect upon guilt/innocence. HUNTSVILLE, Texas (AP) Randy Ertman knows the road to the Texas death chamber too well. Mr. Pedro Pete Cantu of Luckenbach, Texas passed away on Friday, January 31st, 2014 in the Hill Country Memorial Hospital in Fredericksburg, Texas at the age of 89 years. denied, 510 U.S. 1215, 114 S.Ct. Santikos v. State, 836 S.W.2d 631 (Tex.Crim.App. , 45, was charged in the theft of more than $6,400 in sausage from the Kiolbassa Provision Company. Thank you. At 11:30 p.m., Jennifer and Elizabeth decided to head for Elizabeth's house where Jennifer would then call a taxicab to take her home. 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. Archived from the original on June 2, 2022. Penal Code Ann. In this regard, this point is inadequately briefed and presents nothing for our review. Point of error forty-three is overruled. "He has matured remarkably," said Robin Norris, his appeals lawyer. Also gone is natural gas pioneer George Mitchell, who passed . The second special issue submitted to the jury and of which appellant now complains reads in pertinent part as follows: Munoz allegedly stole more than 100 beers, along with cigarettes and rolling paper at a Valero Corner Store in the 1200 block of Probandt Street, according to an arrest warrant affidavit. In a thorough and well-reasoned memorandum and order, the district court denied habeas relief and, sua sponte, declined to issue a certificate of appealability on any of the issues raised by Cantu. He was friendly and never met a stranger. Christina noticed that Villareal was bleeding and that Perez had blood on his shirt and asked them what happened. John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. This argument has been addressed and rejected by both this Court and the United States Supreme Court and we will not revisit it here. Two other inmates have 2010 execution dates. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. 2597, 115 L.Ed.2d 720 (1991). Focus for the victims' families now turns to the remaining three killers. 1127, 127 L.Ed.2d 435 (1994), in support of his argument that capital punishment is violative of the United States Constitution. denied, 508 U.S. 963, 113 S.Ct. Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. 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. "It does make a little difference. I'd do the same thing if I was in his position. Hell, no.". 2/9/94 -- After a separate penalty hearing, Cantu was sentenced to death. denied, 510 U.S. 1215, 114 S.Ct. 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. Jester Park in Houston to participate in a gang initiation ritual. The records clearly show that such jury argument was not a summation of the evidence, a reasonable deduction from the evidence, an answer to opposing counsel's jury argument, nor a plea for law enforcement. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. Booty Patrol' truck spotted in South Texas, San Antonio woman shows strength of single moms on 'Naked and Afraid', Kyle to open first Costco Wholesale this March, Former Boerne quarterback allegedly gave plays to other XFL teams, A one-of-a-kind Hill Country rooftop bar will be a cowboy's dream, WATCH: Drunk driver attempts to flee crash that killed a Texas cop, Massive alligator shocks South Texas locals in Atascosa County. However, he contends that a meaningful review of the mitigation issue is impossible. 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. Hence, a plurality of the court concluded that testimony by the sister of the victim concerning the victim's good nature, hobbies, and work ethic was not relevant to sentencing and, therefore, should not have been admitted. Point of error nine is overruled. Proc. Especially the white chick, she looked good, huh, Junior? Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal D rop Shop About Us We specialize in one off custom cars and trucks. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. Why kill when we know that sometimes we don't get it right?" This led to the discovery of the girls' bodies, which were rapidly decomposing in Houston's sweltering summer heat. The Mexican-American community was outraged by the death and Torres's family demanded justice. The Texas Court of Criminal Appeals summarized the facts adduced during Cantus punishment trial as follows: Several witnesses testified Cantu had a history of violent behavior and offenses. [WITNESS:] [Appellant], Joe, Junior and Raul. One of the gang members grabbed Pena.