He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. Refine Your Search Results. Expressions of sympathy may be sent at www.schaetter.com. 1. A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. Proc. The girls were hurrying along railroad tracks in the dark in order to get home by their curfew. The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. The State mentioned the 35-year period that defense counsel had talked about and asked the witness about the jury's concerns being not about what's going to happen 35 years from now but rather what's going to happen in the next day, the next week, the next month, the next year. In light of that questioning mentioning situations of capital murder defendants, including Kenneth McDuff, being paroled and committing murders, it was even more critical that the jury be informed of the law, i.e. the probability of subsequent activity would be low. He even opined that in a situation of 70 years before parole eligibility, there would be no probability because he suspected that the individual would be dead by then. Appellant's argument is purely based on statistical studies allegedly showing that, in Texas, the death penalty is more likely to be assessed when the victim is white than when the victim is a member of a racial minority. Of the six people convicted, five were sentenced to death. Archived from the original on June 2, 2022. 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. Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. Visit Website. Maria Cantu Hexsel 221 West 6" Street, Suite 1800 Jennifer Buntz GERMER GERTZ . Capital One Plaza 5718 Westheimer, Suite 1750 701 Brazos, Suite 1500 Houston, Texas 77057 Austin, Texas 78701 Counsel for Defendant [D/Guerra, L.P. Pete Cantu - Facebook Focus for the victims' families now turns to the remaining three killers. After considering the prosecution's argument in the context of the argument made by Cantu, the district court determined that the state court did not unreasonably apply federal law in denying this claim. denied, 513 U.S. 1021, 115 S.Ct. The families hope to keep him in jail for his entire sentence, of which he has served almost half. Finally, Cantu robbed Ertman of her rings, necklaces, and cash. As we set out previously, the Supreme Court recently held that, once the jury finds that the defendant falls within the legislatively defined category of persons eligible for the death penalty, the sentencer may be given unbridled discretion in determining whether the death penalty should be imposed. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. County of Offense: Harris 2052, 80 L.Ed.2d 674 (1984). A rational jury could not have concluded otherwise. Additionally, given the plain language of Article 37.071 Section 2(e), as well as our holdings in the cases cited above, we find no bad faith on the part of the prosecutor, nor do we find evidence of an intent, given the entire record of final arguments, on the part of the State to deny appellant a fair and impartial trial. Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. He lasted through three fights before briefly losing consciousness. We note initially that Article 37.071 does not objectively define mitigating evidence, leaving all such resolutions to the subjective standards of the jury. 871, 79 L.Ed.2d 29 (1984), have held that such a review is not required under the Eighth or Fourteenth Amendments to the United States Constitution. Zimmerman v. State, 860 S.W.2d 89 (Tex.Crim.App.1993).FN9 Points of error fifteen, sixteen and seventeen are overruled. "Randy and Sandy have been through enough theres nothing left for them to say," Stacey said. Cantu showed little emotion at his conviction and death sentence and had no reaction when Randy Ertman, Jennifers father, was allowed to make a victim impact statement at the end of the trial. And 17 years later he died not soon enough. on She walked to a nearby convenience store, and called someone to come and help her. Fans of Texas Metal have seen the work of Heath Moore. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated: These arguments are unavailing. 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. Think about how cold the man is, how cowardly he is, how cruel he is. Thus, no egregious harm, if any harm at all, can be established. denied, 510 U.S. 1215, 114 S.Ct. Point of error seven is overruled. Green v. State, 934 S.W.2d 92, 106, 107 (Tex.Crim.App.1996). The charge given was as follows: Points one and two claim constitutional error in the trial court denying his requested punishment jury charge instruction informing the jury that pursuant to Article 42.18, 8(b)(2), V.A.C.C.P., a prisoner serving a life sentence for capital murder is not parole eligible until the actual calendar time served, without consideration of good conduct time, equals 35 calendar years. Elections 2016 See also: Donna Independent School District elections (2016) Six of the seven seats on the Donna Independent School District school board were up for general election on ), cert. Below, Cantu additionally argued that the prosecution's sentencing-phase argument improperly limited the jury's consideration of mitigating evidence; however, he has conceded that argument in his present petition and, so far as his mitigation argument is concerned, seeks a COA only on whether Texas's method of presenting mitigation evidence to the jury is unconstitutional. Especially the white chick, she looked good, huh, Junior? 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. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. Extraneous victim impact evidence, if anything, is more prejudicial than the non-extraneous victim impact evidence found by this Court to be inadmissible in Smith, supra. 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)). Peter Anthony Cantu Executed for Jennifer Ertman and - CBS News And, finally, she told the jury about the effect her daughter's death was having on her and the rest of her family. Tex.R.App. ] (emphasis added). In this regard, this point is inadequately briefed and presents nothing for our review. The Mexican-American community was outraged by the death and Torres's family demanded justice. 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. 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. Id. Cantu then sought state post-conviction relief. A brief summary of the facts will be helpful. In the first statement, Cantu only admitted his role in raping and stealing from the girls, but he was silent as to their murder. or. At bottom, Cantu urges this court to extend the holding in Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. 8/11/09 -- The federal appeals court affirmed the denial of certificate of appealability. And if you care to, you can see the result of this defendant's handy work again. WebPete Cantu was born on April 9, 1914. On that June night, the girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. This means that the new member was required to fight every member of the gang until he passed out and then he would be accepted as a member. Director 2 Credits. Two brothers who had been with them but testified that they were not in the gang left first and passed Jenny and Elizabeth, who were unknowingly walking towards their deaths. To meet the second required showing, Cantu must demonstrate that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different, id. He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. Id. ; Keeton v. State, 724 S.W.2d 58, 61 (Tex.Crim.App.1987) ( Keeton I); Heiselbetz v. State, 906 S.W.2d 500, 507-508 (Tex.Crim.App.1995). Dec.13, 2006). C. Texas's Mitigating Evidence Instruction. However, appellant was also given the statutorily mandated mitigation instruction of Article 37.071 2(e) which provides the jury with just such a vehicle needed to consider and give effect to evidence such as evidence of intoxication which does not rise to the level of temporary insanity. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. denied, 506 U.S. 942, 113 S.Ct. 55 (5th Cir. We conclude that reasonable jurists would not disagree on this matter. 37.071. We deny a COA on this issue. Point of error twelve is overruled. Later Cantu and his accomplices were said to have joked about the brutal killings. Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. 81(b)(2). See Walton v. Arizona, 497 U.S. 639, 110 S.Ct. 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. 2. TikTok video from Pete Cantu (@petecantu3): "Pulled this out the drafts #fyp #disneyparents #blowthisup". Pedro was born on November 5, 1924 in Floresville, Texas to Vincente and Tiadosa Robles Cantu. This Court recently applied the Ake standard as it relates to a defendant asserting an insanity defense and rejected the notion that a court's expert necessarily fulfills the role of a psychiatric assistant to the indigent accused envisioned by Ake. De Freece v. State, 848 S.W.2d 150, 159 (Tex.Crim.App. Ekstensive Metal Works Ekstensive Metal Works - Made - Texas Metal To send flowers I dont believe anybody ever in their lifetime is going to forget this. Bignall v. State, 887 S.W.2d 21, 24 (Tex.Crim.App.1994). Select the best result to find their address, phone number, relatives, and public records. They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. Eventually, all of the individuals who participated in the gang rape and murder were arrested and most of the jewelry was recovered, including some from appellant's bedroom. Family and friends are coming together online to create a special keepsake. 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