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Four of the other assailants were also convicted of capital murder and sentenced to death. In light of this, we look to the record in the present case and review the evidence in the light most favorable to the verdict to determine whether a rational jury could have found sufficient evidence that appellant would probably be a danger in the future. 563, 126 L.Ed.2d 463 (1993); Boyd v. State, 811 S.W.2d 105 (Tex.Crim.App.1991). 81(b)(2); Harris v. State, 790 S.W.2d 568, 587-588 (Tex.Crim.App.1989); Smith v. State, 919 S.W.2d 96, 102-03 (Tex.Crim.App.1996). It was a death the victims' families said was too good for the man who brought a violent and terrifying end to the lives of two teens 17 years ago. Education: GED 1029. I love you too Pete, may you find peace wherever you are, finally you are free. Cantu and Derrick OBrien were tried before their fellow gang members. A clemency must be granted to Peter Cantu. Neither party disputes that murder, sexual assault, robbery, and kidnapping are lesser included offenses of capital murder for purposes of the instant case. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. FN7. Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. 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 sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. It noted that graphic crime scene photographs do not offend due process principles when they serve[ ] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased. Cantu, 2009 WL 275172, at *23 (alterations in original) (quoting Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir.1996)). The court shall charge the jury that in answering the issue submitted under Subsection (e) of this article, the jury: Rosary for Mr. Cantu Sr., 86, of Abernathy, Texas, will be. Three of the animals who did this are gone, but you know it doesn't really make you feel any better," Pena said. Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249 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. FN6. Appellant then requested and received an instruction to the jury to disregard the comment. [WITNESS:] [Appellant], Joe, Junior and Raul. 803(23) as statements against interest, corroborated by appellant's own responding actions and the co-defendants' possession of the victims' jewelry and the blood on the co-defendants' clothing when they came to the Cantu residence. 2765, 129 L.Ed.2d 879 (1994). Elgin, Texas. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: Specifically, Cantu challenges the trial court's preventing him from informing the jury that, based on Texas law at the time, he would be eligible for parole in thirty-five years were he sentenced to life in prison as opposed to death. He died in July 1980 at 66 years of age. The district court determined that the state court's conclusion was not an unreasonable application of federal law. Your email will not be used for any other purpose. 586, 130 L.Ed.2d 500 (1994). denied, 511 U.S. 1100, 114 S.Ct. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. Garcia v. State, 887 S.W.2d 846, 859 (Tex.Crim.App.1994), cert. Roland Gonzales is suspected of stealing more than $100 worth of steak from H-E-B. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. In this review, we do not attempt to determine what a particular jury subjectively believed. Extraneous offenses are only a portion of the evidence a jury is allowed to consider. Direct appeal is automatic. Cold, cruel, inhuman, and yet he has his attorney saying don't kill the child. denied, 510 U.S. 997, 114 S.Ct. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. They were kicked, teeth knocked out and hair pulled out and ribs broken. 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." Rousseau, 855 S.W.2d at 686-87; Felder, 848 S.W.2d at 101; Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. The inferences drawn by the prosecutor from the evidence were not so extreme or improper as to rise to the level of reversible error. at 49. Valerie Nicole. A woman claims these photos were taken by the person who allegedly stole her purse, which had her smart phone inside. On the night of 24 June 1993, a group of teenage boys gathered at T.C. After entering through a window on the fourth floor, two intruders were seen on surveillance video swiping an oversized ceremonial gavel from a judge's bench and later donning sombreros found in a Bar Association storage closet. The phone transferred the photos to her online account, and she shared them on Facebook. Jail. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. They should have hung them. 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. "Texas executes gang member for murder of 2 girls," by Michael Graczyk. "I think they should file some more charges," Cathy Lopez, Patricia Lopez's mother-in-law, said. The gist of the State's argument is the defense did not have any evidence in its favor, which is a proper response to defense counsel's just-completed argument that the evidence was insufficient to convict appellant of capital murder. It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. art. If they hung all five of them, that would be a deterrent. Appellant's twenty-eighth point is overruled. 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. A new season of Texas Metal will air on November 7, 2018, at 9:00 p.m. EST on Velocity. 2253, 132 L.Ed.2d 260 (1995). Johnson v. State, 803 S.W.2d 272, 292 (Tex.Crim.App.1990), cert. Other cast members of the show are Spot and John. ), cert. Just prior to that statement, the prosecution set up its argument by asserting that [t]he State has brought to you a lot of evidence to show you what this defendant is like, who he really is. With this standard in mind, we turn to Cantu's specific ineffectiveness arguments. The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. Nowhere will you find the court instructing you that you have to find any evidence that you've heard in this case mitigating. denied, 510 U.S. 1215, 114 S.Ct. We think about those girls every day. 724, 735-36 (5th Cir.2005). The boys then began strangling the girls. He was frustrated that he had been the one who was unable to fight Raul. He was nice enough to ask permission from a contractor working next door before doing the deed, according to an arrest warrant affidavit. M. Pena then testified as to her relationship with her daughter and her daughter's relationship with other members of the family. The state court concluded that Cantu's counsel was not ineffective because admitting the evidence did not violate due process. Ertman made the drive here four years ago for the first execution. After police informed Cantu that one of the other participants fully confessed, Cantu gave his second statement, in which he described how both girls were killed. [W]hy do you consider mitigation, that's because the courts allow you to individualize the justice. Additionally, the Texas death penalty scheme was found constitutional by the Supreme Court in Jurek v. Texas, 428 U.S. 262, 270-72, 96 S.Ct. For more information about Border Patrol's Head of the Class Program or Youth of the Year Scholarship, please contact Supervisory Border Patrol Agent Pete Cantu at 956-289-5686. 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. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. 2658, 125 L.Ed.2d 290 (1993). While he generally discusses each special issue, he never argues or provides authority as to why this makes the statute's operation unconstitutional as applied to him. A drunken O'Brien had told Patricia that if she did not cause him to have an erection through oral sex, he would kill her. Justice Blackmun's basic argument is that the capital sentencing procedures are unconstitutional because they are produced by paradoxical commands: allowing the jury to consider all types of relevant mitigating evidence, while, at the same time, requiring structured discretion in sentencing. However, when requesting a running objection, appellant asked for a running objection to all these hearsay statements. Appellant's objections encompass complaints under both the Texas Rules of Criminal Evidence governing the admission of hearsay statements and the Confrontation Clause of the United States Constitution. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. 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). Evidence of extraneous offenses admitted included that Cantu stole a bicycle from an eight-year-old and then turned it in for a reward; that Cantu threatened a woman and broke a window in her home; that Cantu attacked a sixth-grade teacher; that Cantu threatened another students father, saying that he wanted to kill him; that Cantu created problems at school by fighting and cursing; that Cantu threatened to kill an officer of the law; and that Cantu made threats at a hospital and in jail. If you decide that an aspect of the Defendant's character and record or circumstances of the crime is a mitigating circumstance, you must not give it aggravating effect. The parents of Ertman and Pena, supported by other family members and friends, looked on as Cantu stared straight up toward the ceiling, taking one deep breath before he closed his eyes. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. 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. Appellant's argument in effect is that a jury should be instructed to consider only mitigating evidence when addressing this special issue. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. McFarland, 928 S.W.2d at 520. * * * In concluding that the state court did not unreasonably apply clearly established federal law, the district court explained Simmons's limited holding-that when the alternative sentence to death is life without parole due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention. Cantu, 2009 WL 275172, at *6 (quoting Simmons, 512 U.S. at 169, 114 S.Ct. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. 95, 126 L.Ed.2d 62 (1993); Davis v. State, 782 S.W.2d 211, 221-22 (Tex.Crim.App.1989), cert. 37.071. "I think whatever they did, no matter how much there is, they should stand trial for every single thing." SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. However, we have previously held to the contrary, finding no significance in the difference between the Eighth Amendment's cruel and unusual phrasing and the cruel or unusual phrasing of Art. [THE STATE:] And how did he agree with them? I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. Fans of Texas Metal have seen the work of Heath Moore. See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). "We can say its the end, but its never going to be closure," Adolfo Pena, Elizabeths father, said afterward. We have previously addressed and rejected this contention. We deny a COA on this issue. Funeral Home website by. * that appellant created problems in school by fighting and cursing; Penal Code Ann. (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; and Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). 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. Later that night, appellant, Joe, Efrian, and Raul regrouped at appellant's house to brag about their exploits. It affected more than just Melissa and me and Randy and Sandy.". Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. Some carried signs but none chanted or spoke loudly. * * *. John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. Point of error thirty-six is overruled. 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. Cantu strangled Pena with shoelaces. She told him that she felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Appellant does not here argue that the extraneous offenses should not have been admitted. 16th murderer executed in Texas in 2010 After Raul fought all of the members, he was welcomed into the gang. The extraneous offenses that were admitted included: Texas law initially limits the class of murderers eligible for capital punishment to those convicted of murders involving special circumstances as described in Texas Penal Code 19.03. This scheme does not create the paradoxical commands of concern to Justice Blackmun. All I would tell the girls right now is we still love you and still miss you," he said. We held: 1997). "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. 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. 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. The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. The families hope to keep him in jail for his entire sentence, of which he has served almost half. Peter Cantu is not an animal. Are you going to kill him, because as we told you on voir dire he has a life sentence as soon as you found him guilty. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. Background: Following affirmance of his conviction for capital murder and his death sentence, 939 S.W.2d 627, state inmate filed petition for writ of habeas corpus. Thus, we deny a COA on this final issue. Next, the older boys raped the two girls for about an hour while Venancio watched. We have already decided these issues adversely to appellant. Article 27.16 states that: Is your room clean today? "They left my house and they were supposed to go home," Rios said. See Article 36.15; Tex.R.App. 84 Lumber. "I had no idea they would be coming to this." The State can talk all day long about what a horrible person he is and how these girls, those children. Those children suffered a brutal killing. 2630, 129 L.Ed.2d 750 (1994). Well, this is a sanitized and civilized killing that we have for Peter Cantu. WOMACK, J., concurs in the result on points of error five and eight and joins in the remainder of the opinion. 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[.] If there is the mitigation, is it sufficient, sufficient to rise to the level that you want to take this man, [appellant], and show him some mercy. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. 2/5/09 -- Cantu appealed to the United States Court of Appeals for the Fifth Circuit. Under AEDPA, habeas relief is unavailable on any claim adjudicated on the merits in state court unless the state court's adjudication (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. (Direct Appeal). | 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. Texas Metal (2017-2021) Full Cast & Crew See agents for this cast & crew on IMDbPro Series Writing Credits Series Cast Series Produced by Series Music by Series Cinematography by Series Film Editing by Series Production Management Series Sound Department Series Camera and Electrical Department Series Casting Department Series Editorial Department denied, 513 U.S. 861, 115 S.Ct. 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. In point of error nine, appellant complains that the trial court committed reversible error in failing to grant a mistrial following improper argument by the State. Make a life-giving gesture Both this Court in Hughes, 897 S.W.2d at 294, and the United States Supreme Court in Pulley v. Harris, 465 U.S. 37, 104 S.Ct. A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. 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. They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. 52(a). 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. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. denied, 495 U.S. 940, 110 S.Ct. "He's a guy who fully accepts his responsibility.". Cantu was the final of three men condemned to die for the murders. Sam Millsap, a former Texas district attorney, weighs his spotless reputation against the life of Ruben Cantu, a potentially innocent man. In fact, by the very language of the statute, it requires a jury to consider all of the evidence. 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. Cantu kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifers neck until she stopped moving. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. 9/19/07 -- Cantu filed his federal habeas corpus petition in a Houston U.S. district court. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. denied, 492 U.S. 912, 109 S.Ct. Derrick Sean O'Brien was executed in July 2006. Johnson v. Quarterman, 483 F.3d 278, 285 (5th Cir.2007). On automatic direct appeal, the Court of Criminal Appeals, Mansfield, J., held that: (1) prosecutor's argument did not improperly instruct jury that it had to find nexus between defense evidence and crime before they could consider evidence mitigating; (2) letter written by defense witness to defendant was admissible to impeach witness' credibility and to show strong bias in favor of defendant; (3) erroneous admission of testimony by mother of victim, who was not named in indictment, concerning that victim's character and activities was harmless beyond reasonable doubt; (4) sufficient evidence supported jury's affirmative finding as to future dangerousness special issue; and (5) evidence did not warrant jury instruction on lesser included offenses of sexual assault, robbery, kidnapping, or murder.