A brief summary of the facts will be helpful. ), cert. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. 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. The murders also forced Houston city officials to treat gangs as a serious crime problem, when they had previously denied that there was a gang problem in the city. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) All Rights Reserved. A memorial for them was also placed at T.C. Contractors DirectoryInformation on every contractor in United States. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. 2/9/94 -- After a separate penalty hearing, Cantu was sentenced to death. The district court concluded that the state court's rejection of this argument was not an unreasonable application of federal law, and we conclude that reasonable jurists would not disagree with that determination. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. 284, 126 L.Ed.2d 234 (1993). She testified that appellant was friendly to her and never mistreated or was disrespectful to her. They were spotted by the group, pulled off the tracks and taken into nearby woods where they were sexually assaulted. at 688, 690, 104 S.Ct. 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: * * * 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. The Supreme Court held in Beck that a state cannot impose a blanket ban on lesser-included-offense instructions in capital cases. [APPELLANT:] Excuse me, ma'am. AUSTIN Texas Attorney General Greg Abbott offers the following information about Peter Anthony Cantu, who is scheduled to be executed after 6 p.m. on August 17, 2010. Visit Website. Three dozen supporters cheered as the families emerged after the execution. Petitioner Peter Anthony Cantu, a Texas inmate, was convicted of capital murder and sentenced to death. 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. Open it up, look at it. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). ^ D'Alessandro, Anthony (January 22, 2022). The law as to mitigation and otherwise comes from the jury charge rather than from argument of counsel. When Jennifer and Elizabeth failed to come home that night, the Ertman and Pena families began searching for them. When Cantu looked away, Ertman yelled at him, "Look at me look at me good!". Under Strickland v. Washington, Cantu must show: (1) that his trial counsel's performance was deficient; and (2) that the deficient performance prejudiced him. denied, 512 U.S. 1246, 114 S.Ct. Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. Point of error twenty-four is overruled. He objected that this evidence was not relevant to the special issues and was more prejudicial than probative. 1127, 127 L.Ed.2d 435 (1994), in support of his argument that capital punishment is violative of the United States Constitution. denied, 514 U.S. 1117, 115 S.Ct. denied, 490 U.S. 1102, 109 S.Ct. 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. You know what damage was done to their bodies. denied, 512 U.S. 1246, 114 S.Ct. 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. Pursuant to Tex. 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. 2954, 57 L.Ed.2d 973 (1978). 270, 277 (5th Cir.2007); Jackson v. Dretke, 181 Fed.Appx. 724, 735-36 (5th Cir.2005). A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. Specifically, appellant complains of the following argument: The girls were abducted by Cantu and four members of a street gang he led as they walked along a set of railroad tracts, a shortcut home for them. As such, we hold that no error has been created by these events. Article 27.16 states that: 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. Appellant argues, in essence, that the prosecutor misstated the law. ", The case horrified Houston. 2052. 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. KELLER, J., concurs in the result on point of error eight and joins in the remainder of the opinion. 2934, 106 L.Ed.2d 256 (1989), with respect to mitigating evidence. He has a whole business dedicated to handmade car interiors. Pete Cantu. 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. He is a child, he is eighteen, and that's what this is about. Jail. Appellant then parceled out jewelry and money he had taken from the girls. Of the six people convicted, five were sentenced to death. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas. Peter Cantu then walked in and readily agreed with their recollection of events. See 466 U.S. 668, 687, 104 S.Ct. FN3. Pete Cantu Alyssa Cantu John Alexander, 62 John Alexander, 88. has lived in . In Rousseau, 855 S.W.2d at 673, we established a two-prong test to determine whether a defendant is entitled to a charge on a lesser included offense. Final/Special Meal: 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 The court, the attorney representing the state, the defendant, or the defendant's counsel may not inform a juror or a prospective juror of the effect of a failure of a jury to agree on issues submitted under Subsection (c) or (e) of this article. Some of the other boys, including Derrick O'Brien, Jose Medellin, and Venancio Medellin, also gave confessions. 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. Pedro Cantu III, 30, had been driving a BMW near Jenny and Villa Drives around 10:30 a.m. when police attempted to pull him over, according to the Sheriff's Office. es una historia oral de la comunidad catlica romana mexicana y mexicoamericana que lleg a habitar una llanura aluvial en el este de Austin, despus de su desplazamiento del centro de Austin hace ms de un siglo. 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. We do not guarantee accuracy of information. The police traced the 9-1-1 call to Cantu's home. His only supporters were a handful of death penalty abolitionists who showed up to protest capital punishment in general. 2253(c)(2). Jester Park at White Oak bayou. Sometimes people don't make the best decisions, but the following incidents show some truly questionable behavior. The gang then drank beer and engaged in horseplay. Id. ), cert. Intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. Pete Cantu, 82. Counsel for Defendant D&W Painting, Inc. Richard H. Grafton T. Mark Rogstad Paul Byron Starr WRIGHT & GREENHILL, P.C. original sound - Pete Cantu. [WITNESS:] At that time [appellant] walked in, and when he walked in they were still talking about it, and [appellant] didn't say he did anything except he just kept agreeing with it. Nor does he argue that the charge given was inappropriate, only that it was incomplete. Log in or sign up for Facebook to connect with friends, family and people you know. 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. Jose Medellin was executed in August 2008. "I think they should file some more charges," Cathy Lopez, Patricia Lopez's mother-in-law, said. "We can say its the end, but its never going to be closure," Adolfo Pena, Elizabeths father, said afterward. 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. Four days after the murders, Christina Cantu convinced her husband to call the police. No additional information for Cantu Roofing yet. 600, 121 L.Ed.2d 537 (1992); Parent v. State, 621 S.W.2d 796, 797 (Tex.Crim.App.1981). Rule App. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from T.C. As the evidence previously set out illustrates, appellant was the self-appointed leader of this gang. His own statement to a co-defendant expressly showed that he intended that the girls be killed, and testimony as to appellant's actions revealed his active participation in the killings. Maybe some satisfaction, but never closure.". He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. 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[.] He was frustrated that he had been the one who was unable to fight Raul. The Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper vendors on the roadside. Instead of taking her back to her truck, the trio took her to a back parking lot in Melrose Park in Houston, where they took turns raping and sexually assaulting her before stabbing her to death.