Although the record reveals that several of the statements complained of were made before appellant arrived at the house, similar statements were still being expressed when he did arrive. Building Materials. Texas Code of Criminal Procedure article 26.05(a) provides that counsel shall be reimbursed for reasonable expenses incurred with prior court approval for purposes of investigation and expert testimony [. 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. Venancio Medellin, who was 14 at the time, was convicted of aggravated sexual assault and sentenced to 40 years in prison. For those who so desire you may make memorial contributions in his memory to the charity of your choice. Affirmed. Select the best result to find their address, phone number, relatives, and public records. DMCA NoticesNewspaper web site content management software and services. Tex.R.App. As their midnight curfew approached, they discussed the fastest route to Pena's home. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. The vague references to 35 years in questioning the above-discussed witness were certainly not sufficient to inform the jury of the law. 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. Peter Cantu is not an animal. Point of error thirty-six is overruled. 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. "Theres nothing he would have said to me that would have made any difference," said Pena, who was wearing a white T-shirt with a photo of the two girls printed on the front. 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. Appellant asserts in point of error twenty-eight that his Eighth and Fourteenth Amendment rights were violated by the submission of vague terms in the first two special issues submitted in the punishment phase. 2052, and, notably, the mere possibility of a different outcome is not sufficient to prevail on [this] prong, Crane v. Johnson, 178 F.3d 309, 312 (5th Cir.1999). 37.071. denied, 510 U.S. 1215, 114 S.Ct. 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. 12/1/97 -- The U.S. Supreme Court denied Cantus petition for certiorari review. Appellant alleges in point of error seven that the trial court reversibly erred in allowing the State to impeach defense witness Beatrice Martinez on a collateral matter. Tuilaepa v. California, 512 U.S. 967, 114 S.Ct. denied, 514 U.S. 1117, 115 S.Ct. 1676, 95 L.Ed.2d 127 (1987). 1. Penal Code 8.04, the trial court submitted the following instruction to the jury in the punishment charge: 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. After unsuccessfully appealing his conviction . Appellant kicked Elizabeth in the face with his steel toe boots, knocking out several teeth, and he stepped on Jennifer's neck until she stopped moving. However, the protesters in attendance did little more than annoy the families. 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. 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. These complaints occurred at punishment, and thus had no effect upon guilt/innocence. This murder was unsolved until after O'Brien was arrested for the murder of Jennifer Ertman and Elizabeth Pena. can stop at any time. The district court, as did the state court, placed Cantu's first statement into the context of all the record evidence and determined that a rational jury would not have concluded that Cantu was guilty only of the lesser-included offenses. Finally, Cantu contends that he received ineffective assistance because his trial counsel failed to object when the prosecution urged the jury to consider the graphic photographs in its sentencing-phase argument. Cantu v. State, 939 S.W.2d 627 (Tex.Crim.App. 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. 16th murderer executed in Texas in 2010 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. 12/13/06 -- The Texas Court of Criminal Appeals denied state habeas relief. Jester Park when Ertman, 14, and Pena, 16, crossed their paths while taking a shortcut home. ", Maria Frausto said she often says a small prayer when she jogs past the memorial. (806) 763-8400. When the attackers were finished, the girls were taken deeper into the woods where, at Cantus urging, they were beaten, strangled and stomped to death. Six months before Jenny and Elizabeth were murdered, three of their killers murdered another young woman, Patricia Lourdes Lopez. your email below for our complimentary daily grief messages. 1115, 130 L.Ed.2d 1079 (1995); McFarland, supra. However, because his last objection was specifically to hearsay, we will address the point on this ground. After they finished laughing and stuff, and I said-I don't remember who said it but one of them asked, I think it was my husband, I'm not sure, said, well, what happened to them, and they said, we had to kill them. Pete Cantu in Texas. Please visit www.cbp.gov to view additional news releases and other information pertaining to Customs and Border Protection. Several dozen people showed up outside the Walls Unit in support of the families and the execution. Sheet Metal Worker. 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. The second best result is Peter Cantu age 30s in San Antonio, TX in the Park Village neighborhood. 946, 952 (5th Cir.2004) (emphasis added); cf. OBrien was executed in 2006 and Medellin in 2008. Appellant's fourteenth point of error is overruled. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. A brief summary of the facts will be helpful. The Funeral Masswill be celebrated at 1:00 PM at St. John of the Cross Catholic Church on that same date. 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. 2(f)(4). Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art. denied, 511 U.S. 1100, 114 S.Ct. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. 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. He then notes that the Texas Constitution proscribes cruel or unusual punishments while the Eighth Amendment prohibits cruel and unusual punishments. We have previously rejected this argument. "We could have put all of them in prison for life. A Harris County jury sentenced Cantu to death for the June 1993 kidnapping, rape, robbery and murder of 14-year-old Jennifer Ertman. Booty Patrol' truck spotted in South Texas, San Antonio woman shows strength of single moms on 'Naked and Afraid', Kyle to open first Costco Wholesale this March, Former Boerne quarterback allegedly gave plays to other XFL teams, A one-of-a-kind Hill Country rooftop bar will be a cowboy's dream, WATCH: Drunk driver attempts to flee crash that killed a Texas cop, Massive alligator shocks South Texas locals in Atascosa County. The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. * that appellant created problems in school by fighting and cursing; 1127, 127 L.Ed.2d 435 (1994), in support of his argument that capital punishment is violative of the United States Constitution. Seven minutes later, O'Brien was dead. 81(b)(2). Of the six people convicted, five were sentenced to death. Please submit missing details you may have. denied, 506 U.S. 942, 113 S.Ct. Cantu then sought state post-conviction relief. Penal Code Ann. 801(e)(2)(B), as appellant, by his actions and responses, readily agreed with them. View Source Share Save to Suggest Edits Memorial Photos Flowers Memorials Region North America USA Texas The State then cross-examined this witness about several death row prisoners committing subsequent violent crimes, and two, including the infamous and notorious Kenneth McDuff, getting out on parole and committing murders. Log in or sign up for Facebook to connect with friends, family and people you know. "I think whatever they did, no matter how much there is, they should stand trial for every single thing." Subsequent decisions by this court have consistently held that a state trial court may not, under Beck, refuse a lesser-included-offense instruction if the jury could rationally acquit on the capital crime and convict for the noncapital crime. East v. Scott, 55 F.3d 996, 1005 (5th Cir.1995) (internal citation omitted) (quoting Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir.1988)); see also Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir.2005). Michelle is 51 years old and was born on February 1971. "Theres no way to ever get closure from this. Here's a full rundown of the teams, drivers, and their cars. Hair Color: Black They had spent the evening drinking beer and then "jumping in" Raul. The Texas Court of Criminal Appeals affirmed Cantu's conviction in a direct appeal on January 29, 1997. 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. Citations: 2950, 49 L.Ed.2d 929 (1976), when it held that the Texas future dangerousness issue was not unconstitutionally vague. Henry Cantu Director: University of Texas at San Antonio College/University: 1 Utsa Cir, San Antonio, TX 78249 ), cert. 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. He was friendly and never met a stranger. 2950, 2956, 49 L.Ed.2d 929 (1976), and it has not been changed substantially since then. By the time the bodies were discovered, they were so badly decomposed that dental records were required to identify them. In related point of error eleven, appellant alleges that the trial court erred in failing to set aside the indictment because the special issues are not properly understood by the jurors. denied, 512 U.S. 1246, 114 S.Ct. One of the boys boasted of having 'virgin blood' on him. 2934, 106 L.Ed.2d 256 (1989); Johnson v. Texas, 509 U.S. 350, 113 S.Ct. He also parceled out the jewelry and money he took from the girls. 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. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: 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. Resides in Laredo, TX. PETE CANTU REAL ESTATE INC in San Antonio, TX | Company Info & Reviews Company Information Sponsored Links Company Contacts PETE CANTU Agent 2722 N Zarzamora St San Antonio, TX Reviews Write Review There are no reviews yet for this company. 1224th murderer executed in U.S. since 1976 Medellin said that they "had fun" and that their activities would be seen on the TV news. (Page 2) 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 was friendly and never met a stranger. 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. Houston police researched older cases and found a possible match with the unsolved murder of Patricia Lourdes Lopez. 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. 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. (Direct Appeal). Cantu, then 18, orchestrated the attacks and slaying. Two are serving life sentences after having their death sentences commuted because they were juveniles at the time of the murders. However, we reaffirmed the original holding on appeal. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. [APPELLANT:] Excuse me, ma'am. Why kill when we know that sometimes we don't get it right?" denied, 516 U.S. 843, 116 S.Ct. Johnson v. State, 803 S.W.2d 272, 292 (Tex.Crim.App.1990), cert. ", Even now, both families say there is no closure. Therefore, the question in the instant case is whether the evidence presented was admissible under our capital sentencing scheme. Direct appeal is automatic. He married. See also, Lackey v. State, 819 S.W.2d 111 (Tex.Crim.App.1989) (not error to fail to instruct jury to consider specifically appellant's age as a mitigating factor because the jury's answer as to special issue two (future dangerousness) would reflect their consideration of all the mitigating evidence); Jackson v. State, 822 S.W.2d 18 (Tex.Crim.App.1990). To this day, Houstonians remember the girls' names and what happened to them. We first note that in reviewing the constitutionality of a statute, we must view the statute as applied to appellant only. (Direct Appeal) After unsuccessfully appealing his conviction in state court and failing to obtain state post-conviction relief, Cantu filed a petition for habeas corpus in the United Stated District Court for the Southern District of Texas. Antonio "Tony" Arizola Cantu 74, passed away on Sunday, June 13, 2021, in San Antonio. Is there a connection between what they try to give to you as mitigation, is there some connection between that and the crime itself, when you think of what you discovered to possibly be mitigating. Hell, no.". 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. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. , 30, a security guard, was charged with burglary of a business he was hired to protect. In concluding that the state court did not unreasonably apply clearly established federal law, the district court explained Simmons's limited holding-that when the alternative sentence to death is life without parole due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention. Cantu, 2009 WL 275172, at *6 (quoting Simmons, 512 U.S. at 169, 114 S.Ct. Furthermore, the father, who came upon the bloody scene after the perpetrators had fled, testified about how he had been affected by his son's death and about how he felt sorry for his daughters now. Use Next and Previous buttons to navigate. 2253(c)(1). 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. For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses. When they tested evidence, O'Brien's fingerprints were matched to some found on a beer can under Patricia's body at the murder scene. We will address the points as they are presented to us. 36th murderer executed in U.S. in 2010 1224th murderer executed in U.S. since 1976 16th murderer executed in Texas in 2010 . 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. Article 36.01, which governs the order of proceeding in trial, states in pertinent part: Point three claims reversible error in precluding him from presenting testimony about that parole eligibility requirement. Appellant objected that this was improper impeachment on a collateral matter. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. A drunken O'Brien had told Patricia that if she did not cause him to have an erection through oral sex, he would kill her. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. at 694, 104 S.Ct. 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. At least they probably have a daughter they can go home to," Stacey said. 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. The pertinent part of Article 37.071 2(a) reads: See Lawton, supra; see also McFarland, supra. 6:00pm I was escorted along with four other media witnesses. The extraneous offenses that were admitted included: 2464, 91 L.Ed.2d 144 (1986) ([T]he appropriate standard of review for [a claim challenging the prosecution's closing argument] on writ of habeas corpus is the narrow one of due process, and not the broad exercise of supervisory power. (internal quotation marks omitted)). The attackers confessed and at times seemed indifferent to the charges against them. We note initially that Article 37.071 does not objectively define mitigating evidence, leaving all such resolutions to the subjective standards of the jury. Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. This led to the discovery of the girls' bodies, which were rapidly decomposing in Houston's sweltering summer heat. Cantu had left his wallet at . (806) 763-5556. However, the erroneous admission of M. Pena's testimony as to her daughter's character and activities was harmless beyond a reasonable doubt.
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