pete cantu texas metal

Later that night, appellant, Joe, Efrian, and Raul regrouped at appellant's house to brag about their exploits. The boys boasted about the rapes and killings. 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. See Webb v. State, 760 S.W.2d 263, 268 (Tex.Crim.App.1988), cert. Description: See Heitman, supra. See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. The owner of the law office noticed money was missing and set up a security camera to catch the thief, an arrest affidavit said. Derrick Sean O'Brien was executed in July 2006. 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. "At least some of the scumbags are dead. The witness replied in the negative. SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. Proc. In the portion of the prosecution's argument that Cantu challenges, the prosecution stated: Later Cantu and his accomplices were said to have joked about the brutal killings. Pedro Cantu Obituary (2019) - Denham Springs, LA - The Advocate Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. Yeah, yeah, I remember that. Therefore, we hold the first prong is met as to each offense. When Jennifer and Elizabeth failed to come home that night, the Ertman and Pena families began searching for them. Id. No crime warrants a sentence of death. Finally, Cantu robbed Ertman of her rings, necklaces, and cash. Proc. The grief-stricken family of Rene Cantu wielded a concrete chunk to hammer a white cross into the ground to mark where on Montrose Boulevard he was shot to death. Height: 5' 06" the Art. "I had no idea they would be coming to this." * that appellant stole a bicycle from an eight-year-old and then turned it in for a reward; 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. Hence, a plurality of the court concluded that testimony by the sister of the victim concerning the victim's good nature, hobbies, and work ethic was not relevant to sentencing and, therefore, should not have been admitted. 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. Again the evidence belies this conclusion. February 19, 2014. 2052. [Emphasis in original.] THE COURT: Overruled. ), cert. 2253(c)(2). Thus, we do not consider the argument on appeal. During the closing arguments of the trial's sentencing phase, Cantu's counsel stated: While a complete account of the facts is available in the district court's memorandum and order denying Cantu's federal habeas petition, we briefly summarize the grisly details that led to Cantu's conviction. Peter Cantu bragged to friends and family about being the ringleader of the gang rape and murder of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena in 1993. Five French citizens were arrested at the Bexar County Courthouse after a silent alarm alerted authorities at about 1 a.m. that someone was using one of the historic building's fire escapes. Lawton, 913 S.W.2d at 557; McFarland, 928 S.W.2d at 497-99. The district court recognized that the prosecution's arguments were harsh, but it concluded that the arguments did not render the trial fundamentally unfair. At this point, Roman and Frank Sandoval decided to leave. Appellant then requested and received an instruction to the jury to disregard the comment. John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. We disagree. FN3. Cantu contends that a rational jury could look only at his first written statement-in which he admitted to kidnapping, robbing, and sexually assaulting the girls but omitted any mention of killing them-and convict him of only the lesser-included crimes. 37.071 2(b) and 2(e), the trial judge sentenced appellant to death.FN2 Article 37.071 2(g). Point of error twenty is overruled. As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. Sound rental, Band booking, Guitar and Bass lessons. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. (internal quotation marks omitted). Think about how cold the man is, how cowardly he is, how cruel he is. On February 4, 2009, the district court denied habeas relief in a particularly thoughtful and thorough memorandum and order. Frank Sandoval and Venancio Medellin, 14, brothers of two of the gang members, were also present. Finally and in the alternative, the district court noted that Cantu was not prejudiced by his counsel's failure to object because of the significant amount of punishment-phase evidence demonstrating Cantu's violence and the slim chance of his rehabilitation. See 466 U.S. 668, 687, 104 S.Ct. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) Mrs. Naomi (Pete) Cantu of Waxahachie, 94, passed away July . At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Viva Cristo Rey! The record shows appellant never objected to the Court's stating his plea before the jury instead of by himself or by his counsel. 155, 130 L.Ed.2d 94 (1994): denied, 506 U.S. 942, 113 S.Ct. [THE STATE:] And did they talk about having anal intercourse with the girls in front of [appellant]? 1910, 150 L.Ed.2d 9 (2001) (using the clearly drafted catchall instruction of Texas Code of Criminal Procedure article 37.071 2(e)(1) as a frame of reference to compare its brevity and clarity against the confusing nature of the supplemental instruction given in that case). 1339, 113 L.Ed.2d 271 (1991). 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." DMCA NoticesNewspaper web site content management software and services. Hell, no.". Danny Acosta, 30, faces a charge of aggravated robbery after he allegedly robbed a house last month. 2382, 65 L.Ed.2d 392 (1980). Raul Omar Villareal and Efrain Perez were sentenced to death, but following the U.S. Supreme Court's 2005 ruling that executing criminals who were not yet 18 at the time of their crimes is unconstitutional, their sentences were commuted to life. 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. 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. A belt of the same type that was used to kill Jennifer Ertman was found underneath Patricia's neck. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. 131, 133 L.Ed.2d 80 (1995); Willingham v. State, 897 S.W.2d 351 (Tex.Crim.App. Maybe some satisfaction, but never closure.". For the foregoing reasons, Cantu's application for a COA is DENIED. See also Ulster County Court v. Allen, 442 U.S. 140, 154-155, 99 S.Ct. Application denied. 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. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean O'Brien. However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt. 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. Race: White See, Broxton v. State, 909 S.W.2d 912, 923 n. 3 (Tex.Cr.App.1995) (Overstreet, J., dissenting). 1987 Peter "Pete" Cantu 1988 Jay Smith 1989 Don Valdez 1990 Butch Vickers & David Uribe 1991 Hector Sandoval 1992 Refugio "Cuco" Escobedo 1993 George Wright 2(f)(4). . In his sixth point of error, appellant contends that the trial court erred in admitting the hearsay statements of appellant's co-defendants who incriminated him. Six months before Jenny and Elizabeth were murdered, three of their killers murdered another young woman, Patricia Lourdes Lopez. Forbes 400: The Richest People In Texas Four of the other assailants that night were also convicted of capital murder and sentenced to death. ; 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). Use Next and Previous buttons to navigate. * that appellant attacked a sixth grade teacher; Id. 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 subsequent boastful statements of the remaining gang members revealed that what then ensued was a brutal gang rape of both girls. 84 Lumber Store Manager Pete Cantu in Lubbock, Texas, was awarded Manager of the Year at a ceremony Friday March 10, 2017. His second requested charge is also a misstatement of the law in that Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. [I]t is incumbent upon the defendant to show that in its operation the statute is unconstitutional as to him in his situation; that it may be unconstitutional as to others is not sufficient. Narvaiz v. State, 840 S.W.2d 415, 431 (Tex.Crim.App.1992), cert. The juvenile, Venancio Medellin, pled guilty to his charge and his sentence was reviewed when he turned 18, at which time he was sent to serve the remainder of the sentence in prison. The other gang members present were Derrick O'Brien, 18; Jose Medellin, 18; Efrain Perez, 17; and Roman Sandoval. The pertinent part of Article 37.071 2(a) reads: 401 and therefore irrelevant in the context of the special issues under Art. We have already decided these issues against appellant. Pete Cantu. Holdings: The Court of Appeals held that: The plea of not guilty may be made orally by the defendant or by his counsel in open court. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. 2. the calculated nature of the defendant's acts; Appellant's claimed error could have been corrected easily if he had timely called it to the court's attention by making a contemporaneous objection. As the factfinder, the jury is free to determine which witnesses it finds to be credible and what evidence it deems to be believable. Pete T. Cantu Obituary (1980 - 2022) | Orange Grove, Texas - Echovita His proposal is based upon a similar study undertaken in Illinois in which an expert found that jurors did not understand the Illinois punishment statutes. In his tenth point of error, appellant contends that the trial court erred in denying appellant's request for expert assistance to challenge the constitutionality of the special issues at the punishment phase. Pete will be remembered for his infectious laugh and loving personality. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. Houston's deadliest day: A string of mayhem and the families left behind 1422, 122 L.Ed.2d 791 (1993); Tex.R.App. 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. As that Court stated: Id. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). See Photos. OBrien was executed in 2006 and Medellin in 2008. Keller and Womack, JJ., concurred in part, and concurred in result in part. 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. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 Pedro Cantu - IMDb The instant case is distinguishable from Payne, Ford and Smith as Pena was not the victim named in the indictment. 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. 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. Ha-ha. ), 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). LinkedIn is the world's largest business network, helping. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. All data is collected from public records. Specifically, appellant complains of the following argument: The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. ] (Emphasis added.). "Two beautiful young girls," Goode says. Both wree sexually assaulted by the gang members, beaten, and strangled. Cantu strangled Pena with shoelaces. Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. At bottom, Cantu urges this court to extend the holding in Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. In reviewing the prosecution's argument, [t]he relevant question is whether the prosecutors' comments so infected the trial with unfairness as to make the resulting conviction a denial of due process. Id. We further note that appellant made no request for such a special verdict form and no objection was made to the instruction given at trial. He's set to make the trip again, to witness for the third time the execution of one of the gang members responsible for the rape and murder of his teenage daughter and her schoolmate. Pete Cantu in Texas(TX) - Found at 36 Cities - CocoFinder During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. In point of error forty-five, appellant claims that his death sentence should be overturned because racial discrimination continues to taint the Texas sentencing scheme in violation of the Eighth Amendment and the Equal Protection Clause of the Fourteenth Amendment. 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). Pete Cantu's Instagram, Twitter & Facebook on IDCrawl 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. Anderson v. State, 932 S.W.2d 502, 509 (Tex.Crim.App.1996). If enough of any type of evidence exists in the record so that any rational trier of fact could have believed an issue to be true, then we need not know what a specific trier of fact believed. The lethal injection was started, and he was pronounced dead at 6:17 p.m. "Cantu executed for 1993 deaths of Houston teens," by Mike Tolson. He was friendly and never met a stranger. denied, 513 U.S. 861, 115 S.Ct. Several witnesses testified appellant had a history of violent behavior and offenses. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". At this point, the Sandoval brothers decided that it was time to leave. We decline to revisit this issue here. 315 Followers, 680 Following, 22 Posts - See Instagram photos and videos from Pedro Cantu (@pedro_cantu_97) pedro_cantu_97. However, we affirmed the original holding on appeal. However, that Court also said that the State need not purchase for an indigent defendant all the assistance that his wealthier counterparts might buy. Id. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. Burial will follow at El Coyote Cemetery in Orange Grove, TX. I dont believe anybody ever in their lifetime is going to forget this. Peter Cantu confessed to the murders at the time of his arrest. Additionally, the district court denied a certificate of appealability (COA), sua sponte, on all of the issues raised by Cantu. Second, Cantu asserts that the Eighth Amendment's proscription of cruel and unusual punishment was violated by the trial court's refusal during the guilt-innocence phase to instruct the jury on three lesser-included offenses: sexual assault, robbery, and kidnapping.FN2 Cantu bases his claim on the Supreme Court's decision in Beck v. Alabama, 447 U.S. 625, 100 S.Ct. In related point of error twenty-four, appellant claims that the trial court erred in not including in the punishment charge special verdict forms listing the elements of each unadjudicated offense admitted by the State. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. How they were mutilated, brutalized for perhaps as much as an hour. Four of the other assailants were also convicted of capital murder and sentenced to death. However, the protesters in attendance did little more than annoy the families. 2630, 2639, 129 L.Ed.2d 750 (1994); Anderson v. State, supra at 508-09). A woman claims these photos were taken by the person who allegedly stole her purse, which had her smart phone inside. The state trial court denied such relief on June 7, 2006, after it adopted the prosecution's proposed findings of fact and conclusions of law. Well, this is a sanitized and civilized killing that we have for Peter Cantu. Does that cause the defendant's behavior? Cantu first argues that the state trial court's refusal to inform the jury of Texas parole law violates the Fourteenth Amendment's Due Process Clause. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. Graveside services and interment followed in the St. Marys Catholic Cemetery. PEDRO CANTU, JR. - Laredo Morning Times 2934, 106 L.Ed.2d 256 (1989); Johnson v. Texas, 509 U.S. 350, 113 S.Ct. at *24. Appellant is incorrect. Lock - U.S. Customs and Border Protection In Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 81(b)(2) I concur in overruling the point. Dr. Robert Cantu, chief of neurosurgery at Emerson Hospital in Concord, Mass., and one of the nation's foremost authorities on concussions and brain trauma in youth sports, called the decision to .

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