By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. 84 Lumber Store Manager Pete Cantu in Lubbock, Texas, was awarded Manager of the Year at a ceremony Friday March 10, 2017. Situando a esta Agapito Pete Cantu LUBBOCK-Agapito Pete Cantu left this earth into the loving and gracious hands of Jesus on Dec. 5, 2012. Patricia, a 27-year-old mother of two young children, had run out of gas and was stranded on the side of the freeway on her way home from a football game. 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. Family and friends are coming together online to create a special keepsake. Next, the older boys raped the two girls for about an hour while Venancio watched. Pete enjoyed being outdoors, working with his hands, welding, carpentry, gardening and spending time with his dog Emma. 1029, 154 L.Ed.2d 931 (2003). He was charged with unlawfully carrying a weapon. 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. Medellin said that they "had fun" and that their activities would be seen on the TV news. ), cert. Penal Code Ann. denied, 510 U.S. 1215, 114 S.Ct. You are instructed that certain evidence introduced to you has been offered in mitigation of the Defendant's punishment. STREET OUTLAWS: FASTEST IN AMERICA premieres Monday, October 19 at 8p on Discovery. Furthermore, our statutory scheme has not radically changed from the version upheld in Jurek v. Texas, 428 U.S. 262, 96 S.Ct. Point three claims reversible error in precluding him from presenting testimony about that parole eligibility requirement. The pertinent part of Article 37.071 2(a) reads: 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. 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. Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. Pedro Cantu - IMDb We have held that, to constitute proper jury argument, the argument must encompass one (or more) of the following: (1) summation of the evidence presented at trial, (2) reasonable deduction drawn from that evidence, (3) answer to the opposing counsel's argument, or (4) a plea for law enforcement. Factor Tejano: Erika Rene (Tu Chaparrita) 2023 No crime warrants a sentence of death. Cantu, then 18, orchestrated the attacks and slaying. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. (2) determination that refusal to instruct jury on lesser-included offenses did not violate Eighth Amendment was reasonable; and "Put it this way: I wish my daughter could have died the way he died today. Loved ones left to cherish his memories are his daughter, Victoria Munguia; mother, Maria Olga Acuna; father, Jesus (Avela) Cantu, Jr. both of Orange Grove, Texas; siblings, Miguel Cantu (Richard Stanley) of San Antonio, Texas, Lisa (Ricardo) Lopez Jr., of San Antonio, Texas, Richard Acuna, Sara Acuna, and Stacey Acuna all of Orange Grove, Texas; step brothers and sister, Freddy Sanchez, Adam Sanchez, Daniel Sanchez, and Miguela Sanchez; grandmother, Margarita Acuna; and numerous nephews and nieces. denied, 508 U.S. 963, 113 S.Ct. They alerted the police and posted fliers, but the girls were not found. 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. Naomi "Pete" Johnson Cantu (1918-2012) - Find a Grave Memorial As in guilt/innocence, the State is required to prove each element of the punishment issues beyond a reasonable doubt. 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. Weigh-in continues on heated headgear debate - San Antonio Express-News The subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both of the girls. "Three of the animals that did this are gone. This we decline to do. ", Randy and Sandra Ertman did not speak to the press. (Page 2) Hence, any error will only be reversible if it was so egregious and created such harm that appellant did not have a fair and impartial trial. 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. The record reveals that after the jury was selected, but prior to trial, appellant was arraigned outside the presence of the jury. Antonio Arizola Cantu of San Antonio, Texas - Hurley Funeral Home 2187) (omission and alterations in original). RESPONSE SUMMARY JUDGMENT MTN March 30, 2010 | Trellis Evidence concerning her sexual assault, robbery and murder is admissible as same transaction contextual evidence. Final/Special Meal: He told the call taker that the missing girls' bodies could be found near T.C. This time, it will be the lethal injection on Tuesday of Peter Anthony Cantu, the leader of the five young men who were sentenced to die for the June 1993 murders of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena. They decided to take a shortcut across the railroad tracks. Perhaps 100 yards away, a handful of death penalty opponents spoke over a loudspeaker against Cantus execution and the states system of capital punishment, the most active in the nation. 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). Santikos v. State, 836 S.W.2d 631 (Tex.Crim.App. 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. Information on every contractor in United States. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. Copyright 2018 - 2023 PLEASANTON EXPRESS. See Harris v. State, 827 S.W.2d 949, 961-963 (Tex.Crim.App. Sign Up. denied, 513 U.S. 967, 115 S.Ct. After reviewing the district court's thoughtful consideration of the issue, we cannot say that reasonable jurists would disagree with its determination that the state court's conclusion was a reasonable application of federal law. Dinkins v. State, 894 S.W.2d 330, 356 (Tex.Crim.App. 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. 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. He does not challenge the sufficiency of the evidence to support the jury's verdict finding him guilty of capital murder. The suggestion, given the context in which it was made, cannot be characterized as a misstatement of the law, even assuming, arguendo, appellant's assertion on this point is correct. [WITNESS:] [Appellant], Joe, Junior and Raul. 2934, 106 L.Ed.2d 256 (1989); Johnson v. Texas, 509 U.S. 350, 113 S.Ct. We disagree. 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. 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. Associated Addresses. Re-roof permit no change in pitch deck or tile roof to comply w/udc and irc codes. The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. [WITNESS:] He just said, I did that, too. Find the obituary of Pete Cantu Rodriguez (1964 - 2020) from San Antonio, TX. Make a life-giving gesture [APPELLANT:] Excuse me, ma'am. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony 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 In points thirty-seven and thirty-eight, appellant complains that the admission of unadjudicated extraneous offenses during the sentencing phase violated Article 37.07 and the Eighth and Fourteenth Amendments to the United States Constitution. Cantu had enchiladas, fajitas and a cinnamon bun for his final meal. Occupation: Laborer Pete Cantu - Ballotpedia Cantu allegedly bragged to friends and family about being the ringleader of the incident, and he paid for it with his life. 313, 126 L.Ed.2d 260 (1993); Green v. State, 912 S.W.2d 189, 193-94 (Tex.Crim.App.1995) cert. 2253(c)(1). The Ertman and Pena killings led to five death sentences, at the time the most of any crime in modern American history. In determining whether jury argument is extreme or manifestly improper, we look at the entire record of final arguments to determine if there was a willful and calculated effort on the part of the State to deprive appellant of a fair and impartial trial. Pete Cantu Rodriguez Obituary (1964 - 2020) | San Antonio, Texas They then used Ertman's shoelaces to finish strangling her. Joe Cantu also testified as to the conversation of Joe, Efrian and Raul concerning the events of that night. We note initially that Article 37.071 does not objectively define mitigating evidence, leaving all such resolutions to the subjective standards of the jury. Find Pete Cantu's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. They were kicked, teeth knocked out and hair pulled out and ribs broken. ; 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). Robinson v. State, 851 S.W.2d 216, 232 (Tex.Crim.App.1991), cert. 1978, 131 L.Ed.2d 866 (1995). Point of error twenty-two is overruled. Because appellant did not specify at trial which complaint he was asserting, his objection was not sufficiently specific to preserve review on appeal. 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. 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. on They were spotted by the group, pulled off the tracks and taken into nearby woods where they were sexually assaulted. Appellant was not entitled to an instruction on what evidence was mitigating or on what weight to give any mitigating evidence presented at trial. Perez and Villarreal will not be eligible for parole consideration for more than two decades. Tex. Point of error forty-four is overruled. 22 posts. Appellant's thirty-ninth and fortieth points of error are overruled. 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? THE COURT: Yes, sir. See, e.g., Thacker v. Dretke, 396 F.3d 607, 617 (5th Cir.2005); Elizalde v. Dretke, 362 F.3d 323, 332-33 (5th Cir.2004); Woods v. Cockrell, 307 F.3d 353, 361 (5th Cir.2002). The district court, in turn, evaluated the state court's conclusion that the arguments were proper under the due process standard. Point of error thirty-six is overruled. Additionally, in this case, I point out that appellant elicited testimony from an expert witness about studies indicating that the defendant who serves 35 calendar years in the Texas Department of Corrections before becoming parole eligible is less violent than the inmate who is paroled sooner; i.e. Media Advisory: Peter Cantu scheduled for execution. The best result we found for your search is Peter Cantu age 70s in Austin, TX in the Gracywoods neighborhood. Furthermore, any error, assuming there was error, was harmless. "Just a bad, bad case.". You are instructed that, in considering the mitigating factors in answering the special issues, you are to consider the Defendant's youth as a mitigating factor.. Pete Cantu Rodriguez, born on January 16, 1964 in San Antonio, TX was called to be with The Lord on August 19, 2020 at the age of 56. Johnson v. State, 803 S.W.2d 272, 292 (Tex.Crim.App.1990), cert. These complaints occurred at punishment, and thus had no effect upon guilt/innocence. He didn't go into details. While a police helicopter was flying over the park, Cantu called 9-1-1 and told them to look on the other side of the bayou. Follow. FN2. Appellant alleges that this denial violated the Eighth Amendment. Jester Park, about two dozen people gathered around a pair of flower-covered memorial benches to remember the murdered teens. The series chronicles around Bill Carlton and his crew who have dozens of fans won thousands of awards and always fulfil customer's demands. "Im sure a lot of people will get closure from this because it affected a lot of people," said Pena, acknowledging the support his family and the Ertmans have received over the years. Missing from the list this year are such veteran Forbes 400 members as Red McCombs ($1.25 billion) and T. Boone Pickens ($950 million). [THE STATE:] And when he said, yeah, I did that, what was he talking about, Christina? In 1946, Pete initially started as a messenger boy for Western Union. Graveside services and interment followed in the St. Marys Catholic Cemetery. 946, 952 (5th Cir.2004) (emphasis added); cf. For the foregoing reasons, Cantu's application for a COA is DENIED. B B King; B L A C K I E; B Movie Blues; B Rezell and OFTB; B-52s; B-Wave Heusden; B3 Fusion; B3 Kings; B52s; Ba Cissoko; Baaba Maal; Bab L Bluz; Bab Lbluz; Baba Commandant; Baba N 52(a); Janecka v. State, 823 S.W.2d 232, 243-244 (Tex.Crim.App.1990). Pete T. Cantu Obituary (1980 - 2022) | Orange Grove, Texas - Echovita One of the deputies exited his vehicle and chased after Cantu, who then doubled back to the deputy's vehicle and drove off into Comal County. As that Court stated: denied, 507 U.S. 975, 113 S.Ct. 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. ^ D'Alessandro, Anthony (January 22, 2022). Every memory left on the online obituary will be automatically included in the book. Johnson, supra, at 135. 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. Notwithstanding this, the Ake Court, 470 U.S. at 83, 105 S.Ct. FN7. Looking at the evidence in the light most favorable to the jury's verdict, the record reveals the following facts: Appellant was the self-appointed leader of a gang called the Black and Whites in Houston. 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. By A woman claims these photos were taken by the person who allegedly stole her purse, which had her smart phone inside. He had assaulted fellow students and a teacher, been kicked out of his regular school, and threatened security personnel at the alternative school to which he had been sent. 2658, 125 L.Ed.2d 290 (1993). County of Offense: Harris 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. A clemency must be granted to Peter Cantu. ADDITIONAL LINKS Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. Hence, the Supreme Court removed the Eighth Amendment bar to evidence about the victim and evidence about the impact of the murder on the victim's family created by Booth v. Maryland, 482 U.S. 496, 107 S.Ct. ), cert. 400, 413-14 (5th Cir.2006); O'Brien v. Dretke, 156 Fed.Appx. See also Morris v. State, 940 S.W.2d 610, 615 (Tex.Crim.App.1996). pete cantu texas metal All Rights Reserved. The girls were still on the tracks when they encountered the group of boys. Excessive . Joe Cantu then placed an anonymous call to the Houston Police Department's "Crimestoppers" tip line. Some of the girls' jewelry was recovered from his bedroom. [WITNESS:] Yes. After Raul fought all of the members, he was welcomed into the gang. The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. Know more about Cantu Roofing? denied, 510 U.S. 997, 114 S.Ct. 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. 2. In that case, a 27-year-old woman was found at a Houston park with her throat cut. We conclude that reasonable jurists would not disagree on this matter. Eight minutes later, he was dead. Pete Cantu. Especially the white chick, she looked good, huh, Junior? Agapito Cantu Obituary (2012) - Lubbock, TX - Lubbock Avalanche-Journal His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. All data is collected from public records. Three dozen supporters cheered as the families emerged after the execution. Rule App. Cold, cruel, inhuman, and yet he has his attorney saying don't kill the child. Johnson v. Quarterman, 483 F.3d 278, 285 (5th Cir.2007). He had problems, he was sick, he is sick. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. denied, 511 U.S. 1100, 114 S.Ct. ), cert. This is not to say, of course, that the indigent defendant has a constitutional right to choose a psychiatrist of his personal liking or to receive funds to hire his own. 37.071, 2(e)(1) (1991). As the recitation of the facts set out in the beginning of this opinion shows, the circumstances surrounding this crime were horrendous. They were friends who attended the same high school in Houston, Texas, Waltrip High School. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. Jester, both busy streets. Section 2(f)(4) stated: Jester Park. Pete will be remembered for his infectious laugh and loving personality. Appellant's failure to request a special verdict form at trial bars him from now complaining on appeal under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), since no egregious harm to appellant has been shown. "Two beautiful young girls," Goode says. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. Appellant asked for a running objection as to this line of questioning. your email below for our complimentary daily grief messages. 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). ** 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, Fee: Cantu Roofing 922 Mildid Ave, San Antonio, TX 78211 Service: Roofing, Home Builders, Additions, Home Theaters, General Contractors Employees: Pedro Cantu (Owner) License: Texas #HR921199 Status: Active City: San Antonio Type: Home Improvement Contractor Verified: Status: Verify Date: February, 2016 Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. Elgin, Texas. We therefore deny a COA on this issue. Point of error forty-one is overruled. Point of error thirty-four is overruled.

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