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Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249 Appellant has given us no reason to revisit our analyses in these cases, nor has he shown us any distinguishing evidence in the record or provided us with any other reason why these cases should not control in the instant case. Following this ritual, the boys drank beer, then they headed toward some nearby railroad tracks. [WITNESS:] Yeah. Hence, his point presents nothing for our review.FN12 Tex.R.App. denied, 512 U.S. 1246, 114 S.Ct. denied, 516 U.S. 832, 116 S.Ct. We also note that to preserve error for appellate review, assuming there was error, the party alleging error must have informed the trial court as to his complaint by making a timely objection so that the trial court was given an opportunity to rule on the complaint. 680 following. denied, 512 U.S. 1246, 114 S.Ct. Thus, we deny a COA on this final issue. 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. denied, 492 U.S. 912, 109 S.Ct. 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. Zimmerman v. State, 881 S.W.2d 360 (Tex.Crim.App. Appellant, along with his co-defendants, brutally raped, strangled, and stomped the two girls to death. Point of error forty-five is overruled. Archived from the original on June 2, 2022. Situando a esta See Penry v. Johnson, 532 U.S. 782, 803, 121 S.Ct. That is when Cantu, now 35, is set to die by lethal injection in Hunstville. Building Materials. We therefore deny a COA on this issue. Further, the trial court did not admit all of the prosecution's proffered photographs and instead engaged in a process of weighing the probative value of each photograph against its likely prejudicial effect. Peter Cantu, on Death Row since 1994, executed by the State of Texas on 17 th August 2010. The third man was given 40 years in prison and is eligible for parole. [Emphasis in original.] Other than reurging his assertion that his trial counsel rendered ineffective assistance for failing to object to the prosecution's argument, Cantu raises no additional argument in his petition for COA. denied, 516 U.S. 1021, 116 S.Ct. "Its good that they wont be forgotten," Frausto said. Not soon enough. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. 6:00pm I was escorted along with four other media witnesses. The admission of such evidence would open the door to admission of victim impact evidence arising from any extraneous offense committed by a defendant. 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. The trials of Efrain Perez, Raul Villarreal and Jose Medellin were held simultaneously, with common witnesses shuttling from one courtroom to the other. [WITNESS:] I did that. The phone transferred the photos to her online account, and she shared them on Facebook. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. "I told him to stick it. A rational jury could not have concluded otherwise. (The execution) doesnt really make me feel any better, knowing that there are three guys that got away with this. We know that Pete Cantu had been residing in El Cerrito, Contra Costa County, California 94530. Ertman got away, but Medellin grabbed Pena and dragged her down off the hill. 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. However, as they passed Joe Medellin, he grabbed Elizabeth and dragged her down a hill as she screamed for help. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. Antonio "Tony" Arizola Cantu 74, passed away on Sunday, June 13, 2021, in San Antonio. 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. 927 (1908). "Three of the animals that did this are gone. 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. "He deserved to die, and 17 years later he died. "Theres no way to ever get closure from this. denied, 506 U.S. 942, 113 S.Ct. 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? Direct appeal is automatic. Read more about the life story of Pete and share your memory. In his thirty-fifth point of error, appellant complains that the trial court erred in failing to give the jury instructions on the lesser-included offenses of murder, sexual assault, robbery, and kidnapping. Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. The police were then able to find the badly decomposed remains of Ms. Ertman and Ms. Pena. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: 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. Appellant's tenth and eleventh points of error are overruled. Id. 'It's ridiculous. Proc. HUNTSVILLE, Texas Texas has executed a former gang member who took part in the rape and murder of two teenage girls who were walking home from a neighborhood party 17 years ago. 2187, 129 L.Ed.2d 133 (1994), to the circumstances in this case. I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. Finally and in the alternative, the district court determined that there was no reasonable probability of a different result had Cantu's counsel raised a due process objection to the photographs because other sources of evidence painted a vivid image of Cantu's brutality and otherwise amply supported a finding that Cantu committed capital murder. Andrea Gorfolova. Christina subsequently convinced her husband to report the incident to the police. John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. Focus for the victims' families now turns to the remaining three killers. McFarland, 928 S.W.2d at 520. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. 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 is incorrect. Appellant again attacks the constitutionality of Article 37.071 2(e) in point of error forty-two alleging that it invites the open-ended discretion condemned by the United States Supreme Court in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. It affected more than just Melissa and me and Randy and Sandy.". Expressions of sympathy may be sent at www.schaetter.com. Summary of incident: Convicted in the abductions and murders of Jennifer Ertman, 14, and Elizabeth Pena, 16, in Houston. [THE STATE:] And how did he agree with them? 2934, 106 L.Ed.2d 256 (1989). A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. * * * Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth. At Cantu's trial, immediately before the sentence was pronounced, Judge Bill Harmon allowed Jennifer's father, Randy Ertman, to speak directly to Cantu. Thus, no egregious harm, if any harm at all, can be established. denied, 506 U.S. 942, 113 S.Ct. 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. In support of his argument, appellant explains that prior to trial, he filed a Motion to Provide Funds for Expert Assistance-Jury Study. By his motion, appellant proposed that the trial court should provide him funds with which he could hire a scholar who would study a sample of jurors and their understanding of the special punishment issues. Alize Nio) 6.el sabado 7.no te preocupes (tejano) 8.extrao. 284, 126 L.Ed.2d 234 (1993). 1029, 154 L.Ed.2d 931 (2003). 81(b)(2). By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. Pleasanton Express Staff She had been stabbed and slashed in the abdomen, throat and back and strangled. 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. 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. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. denied, 513 U.S. 861, 115 S.Ct. Retrieved June 3, 2022. Appellant bases his argument on several cases that stand for the proposition that an indictment must be read and a defendant's plea must be entered before a jury in order for the issue to be joined. The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. 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. Several witnesses testified appellant had a history of violent behavior and offenses. 2023 Holmgreen Mortuary. Use Next and Previous buttons to navigate. FN8. He. Point of error eight is overruled. This version went into effect September 1, 1991. 600, 121 L.Ed.2d 537 (1992). Subsequently, they all took turns stomping on both girls necks to make sure they were dead. ), cert. Therefore, we hold the first prong is met as to each offense. The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. "I was the last parent to have seen them," she said. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. at 688, 690, 104 S.Ct. 2382, 65 L.Ed.2d 392 (1980). 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. Burial will follow at El Coyote Cemetery in Orange Grove, TX. 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. Point of error thirty-five is overruled. Accordingly, appellant waived any error by his failure to object to the procedure used by the trial court in its entering of his plea before the jury. A worship service was held on Sunday, February 2nd at 5:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. Medellin and O'Brien wrapped O'Brien's red nylon belt around Ertman's neck. BSCO is seeking any information on the two suspects shown in the video. The bodies were found six days later after Cantus brother, using an alias, phoned police. The police traced the 9-1-1 call to Cantu's home. Point of error forty-three is overruled. For the past year, he worked in Central Texas at KCBD's sister station KWTX. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. Appellant alleges that the improper inclusion of the instruction rose to constitutional dimension because it informed the jury to consider evidence of intoxication in mitigation of the crime only if that evidence showed that the intoxication was so extreme as to cause appellant to be temporarily insane. I, Sec. Article 37.071 2(h). 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? When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. 1087, 84 L.Ed.2d 53 (1985), the United States Supreme Court recognized that due process requires that a defendant have access to the raw materials integral to the building of an effective defense. 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. 52(a). Texas Execution Information Center by David Carson. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. Work history: Acw Specialties Sheet Metal Worker. On death row, Cantu, now 35, was classified among the best-behaving inmates. 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. 2/23/98 --- Cantu filed an application for state writ of habeas corpus. 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. She testified that appellant was friendly to her and never mistreated or was disrespectful to her. See Heitman v. State, 815 S.W.2d 681 (Tex.Crim.App.1991). Gender: Male ] (emphasis added). FN7. (Direct Appeal) A brief summary of the facts will be helpful. See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. 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. 2937, 124 L.Ed.2d 686 (1993); Gaddis v. State, 753 S.W.2d 396 (Tex.Crim.App.1988). Jester Park. THE COURT: Yes, sir. See Tucker v. State, 771 S.W.2d 523, 535 n. 5 (Tex.Crim.App.1988), cert. 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. The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. Furthermore, our statutory scheme has not radically changed from the version upheld in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. Appellant adopts the argument set forth in Point of Error Fourteen as if fully set forth herein. FN1. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. His second requested charge is also a misstatement of the law in that Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Other cast members of the show are Spot and John. Perez and Villarreal will not be eligible for parole consideration for more than two decades. at *24. DR#: 999093 He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. In fact, while Rousseau actually addressed the pre-1991 version of the statute, we noted that the Interpretive Commentary to the revised 1991 statute, under which appellant was tried in the instant case, stated that the revisions foreclosed the potential for a challenge to the statute based upon Mills v. Maryland, 486 U.S. 367, 108 S.Ct. pete cantu texas metal. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. Appellant then parceled out jewelry and money he had taken from the girls. 2187) (omission and alterations in original). 1317, 131 L.Ed.2d 198 (1995). He and other gang members also stood on the girls' necks to ensure they died. Point of error thirty-six is overruled. A memorial was erected to them at Waltrip High School, which they attended. In response to her friend's cries, Jennifer ran back to help, but appellant grabbed her and dragged her down the hill as well. ), cert. 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. Two are serving life sentences after having their death sentences commuted because they were juveniles at the time of the murders. The second special issue submitted to the jury and of which appellant now complains reads in pertinent part as follows: Proc. Appellant's thirty-ninth and fortieth points of error are overruled. That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. 3047, 111 L.Ed.2d 511 (1990); Lawton v. State, 913 S.W.2d 542 (Tex.Crim.App.1995); McFarland, supra. However, evidence as to her good character, activities she enjoyed and the impact of her on her family is not relevant as appellant was not on trial for her murder and such evidence serves no purpose other than to inflame the jury. 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." 2765, 129 L.Ed.2d 879 (1994). Family and friends are coming together online to create a special keepsake. Cantu argues that the latter standard in Neal is too onerous; however, he made no such argument to the district court in his habeas petition. ), cert. In 1946, Pete initially started as a messenger boy for Western Union. * that appellant threatened a woman and broke a window at her home; The medical examiner stated that Patricia was probably on her knees in front of her murderer when she was stabbed, based on the angle of the wounds. In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. Finding no reversible error, we affirm the judgment of the trial court. Elgin, Texas. * * * The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. Based on all of this evidence, the state court determined that a reasonable jury would not acquit Cantu of capital murder and convict him of the lesser-included offenses. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. According to the police, after beating a woman and attempting to steal her car on the city's West Side on Feb. 18, 2015, three suspects could not figure out the vehicle's push-button ignition. The testimony of M. Pena consisted of her telling the jury about her family and showing the jury pictures of the victim's sixteenth birthday party. OVERSTREET, Judge, concurring and dissenting. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. 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[.] In his argument, appellant basically urges this Court to re-evaluate its prior holdings that Article 37.07 does not apply to capital cases and that the admission of unadjudicated extraneous offenses at the sentencing phase of a capital trial does not offend the Eighth and Fourteenth Amendments. Condolences for the family may be offered at www.holmgreenmortuaryinc.com and shared via Holmgreen Mortuary Facebook. First, he asserts that he received ineffective assistance because his trial counsel failed to object on due process grounds-though counsel did object on evidentiary grounds-to the court's admitting photographs of the victims' bodies and of the crime scene as found by the investigators. A rational jury could not have found that appellant did not intend to kill the victim. While Jenny and Elizabeth were living the last few hours of their lives, Peter Cantu, Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old brother were initiating a new member, Raul Villareal, into their gang, known as the Black and Whites. For purposes of the Eighth Amendment, at least, there was no need for further factfinding at the punishment phase of trial. Rousseau, 855 S.W.2d at 687, n. 26. Pete will be remembered for his infectious laugh and loving personality. 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. ", The case horrified Houston. Peter Anthony Cantu (AP Photo/Texas Dept. 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. Dec.13, 2006). Dinkins v. State, 894 S.W.2d 330, 356 (Tex.Crim.App. They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. 2113, 147 L.Ed.2d 125 (2000) (emphasis added). The district court determined that the state court's conclusion was not an unreasonable application of federal law. This we decline to do. However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. Even more than a decade later, the mention of their last names could generate disgust and fear, with many people remembering the vivid and gruesome details of the girls assault and death in the dark woods by White Oak Bayou. Her family was present at his trial for the June murders. Article 27.16 states that: At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. The State did not directly or indirectly accuse counsel of suborning perjury or manufacturing evidence, as appellant claims in his brief. Roman's brother, Frank, and Joe's fourteen-year-old brother, Venancio, were also present. They first passed by Roman and Frank Sandoval without incident. Is your room clean today? Hence, appellant's point of error thirty is overruled. denied, 516 U.S. 946, 116 S.Ct. art. "Put it this way: I wish my daughter could have died the way he died today. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Our Hometown County of Offense: Harris 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. On December 13, 2006, the Texas Court of Criminal Appeals likewise denied Cantu's state habeas application after it adopted the trial court's findings of fact and conclusions of law in an unpublished order. [WITNESS:] He just said, I did that, too. They then used Ertman's shoelaces to finish strangling her. When Cantu saw them, however, he thought they were a man and woman. Please submit missing details you may have. Point of error forty-two is overruled. Ha-ha. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. The second best result is Peter Cantu age 30s in San Antonio, TX in the Park Village neighborhood. 2934, 106 L.Ed.2d 256 (1989). They alerted the police and posted fliers, but the girls were not found. said Gloria Rubac, a death penalty abolitionist. A tip led authorities to the bodies. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. 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. Funeral Home website by. See Davis v. State, 872 S.W.2d 743 (Tex.Crim.App.1994). Danny Acosta, 30, faces a charge of aggravated robbery after he allegedly robbed a house last month. 440, 256 S.W.2d 86, 88 (1953); Tutor v. State, 599 S.W.2d 818, 819 (Tex.Crim.App.1980). Moore v. State, 935 S.W.2d 124, 130 (Tex.Crim.App.1996). [THE STATE:] They were all saying that? Pedro Cantu. 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: Prior to the trial's opening statements, appellant objected that any testimony regarding the kidnapping, robbery, sexual assault, or murder of Pena constituted evidence of extraneous offenses. Because of repeated behavioral problems, Cantu had been in an alternative school since sixth grade. 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. Nevertheless, in light of Tex.R.App.Pro. Both expressed regret for their role in the killings. Evidence of the mental or physical incapacity of the defendant caused by voluntary intoxication may be introduced by the defendant in mitigation of the penalty attached to the offense for which he is being tried. 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. 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. 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. Patrick Myatt . Finally, Cantu robbed Ertman of her rings, necklaces, and cash. Here, the district court explained, the prosecution introduced the photographs while doing just that-describing the condition of the corpses, explaining the process of identifying the bodies, and verifying the statements made by Cantu and others. All Filters. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? 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.

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