pete cantu texas metal

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. County of Offense: Harris Point of error forty-three is overruled. Frustrated that he was unable to have his turn fighting Villareal, he told the gang members that he wanted to beat the man up. As a custom automotive shop we strive to serve our customers with the highest quality, most reliable builds in the industry. 1997). M. Pena explained to the jury the events surrounding her daughter's disappearance and the family's effort to find her. After the initiation concluded, two girls-Jennifer Ertman and Elizabeth Pena-stumbled upon the group. We have previously held a defendant is not entitled to an instruction on parole law in a capital case under the Texas Constitution. 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. LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. To send flowers After police informed Cantu that one of the other participants fully confessed, Cantu gave his second statement, in which he described how both girls were killed. Appellant argues that the phrase or anticipated that a human life would be taken renders Article 37.071 2(b)(2) unconstitutional because the phrase lacks the required culpability. For the following reasons, we decline to issue a COA on any of those issues. 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. 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. It is clear that the excerpt from the letter was admissible to show the witness' strong bias in favor of appellant. The five killers were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Appellant cites no authority for why he should have been entitled to such an instruction. Pete will be remembered for his infectious laugh and loving personality. The medical examiner stated that Patricia was probably on her knees in front of her murderer when she was stabbed, based on the angle of the wounds. 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. (806) 763-8400. Pete Cantu. Each juror may or may not believe certain evidence is mitigating; however, the constitution only requires that where a juror believes there is relevant mitigating evidence, that juror must have a vehicle to give his or her reasoned moral response to such evidence. Appellant has given us no reason to revisit our analyses in these cases, nor has he shown us any distinguishing evidence in the record or provided us with any other reason why these cases should not control in the instant case. I dissent to the majority's discussion in disposing of appellant's point of error number five regarding the nexus jury argument. As that Court stated: Appellant raises forty-five points of error. See Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. denied, 511 U.S. 1100, 114 S.Ct. In support of his argument, appellant explains that prior to trial, he filed a Motion to Provide Funds for Expert Assistance-Jury Study. By his motion, appellant proposed that the trial court should provide him funds with which he could hire a scholar who would study a sample of jurors and their understanding of the special punishment issues. The girls were still being raped when Cantu whispered to Venancio, "We're going to have to kill them.". [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. can stop at any time. A visitation will be held from 10:00 AM to 11:00 AM with a Holy Rosary to be recited at 11:00 AM on Monday, February 21, 2022 at Holmgreen Mortuary, 2061 E. Main St., Alice, TX. At this point, the Sandoval brothers decided that it was time to leave. Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. They were kicked, teeth knocked out and hair pulled out and ribs broken. Pete Cantu, age 41, passed away on Tuesday, February 15, 2022, in Orange Grove, Texas. Executed August 17, 2010 06:17 p.m. CDT by Lethal Injection in Texas, 36th murderer executed in U.S. in 2010 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. 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. Enter Gaddis, supra, at 398. They didn't have the luxury of having anybody intervene for them, and he wants you to don't kill this child. BCSO spokesman Roseanne Hughes said deputies were serving a warrant in the area and noticed the BMW speeding away from the scene. 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. Contrary to Cantu's argument, we have previously concluded that this language does not prevent the jury from considering relevant, mitigating evidence. We have already decided these issues adversely to appellant. Information on every contractor in United States. 2954, 57 L.Ed.2d 973 (1978). 37.071 2(b) and 2(e), the trial judge sentenced appellant to death.FN2 Article 37.071 2(g). Direct appeal is automatic. 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. Dec.13, 2006). The gang continued drinking and 'shooting the breeze' for some time and then decided to leave. At the time of Cantu's trial, 2(e)(1) stated: The court shall instruct the jury that if the jury returns an affirmative finding to each issue submitted under Subsection (b), it shall answer the following issue: 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 a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. Next, the older boys raped the two girls for about an hour while Venancio watched. Tony was preceded in death by his parents, his wife Janie P. Cantu, brother Octavanio Cantu, sister Senaida Peralta and granddaughter Raquel Villa. Tex.R.App. We may issue a COA only if the petitioner makes a substantial showing of the denial of a constitutional right. Id. 1. 4/19/10 -- The U.S. Supreme Court denied Cantus petition for certiorari review. The gang then drank beer and engaged in horseplay. (Citing Armstrong v. State, 718 S.W.2d 686, 697 (Tex.Crim.App.1985)). 315 followers. 463rd murderer executed in Texas since 1976. These girls went through an awful lot of pain when they died," said Adolfo Pena, father of Elizabeth. We decline to revisit this issue here. 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. 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. Appellant asserts in points twelve and thirteen that the Texas death penalty has been arbitrarily imposed and is unconstitutional because of the different capital sentencing schemes that have been in effect since the early 1970's. For the foregoing reasons, Cantu's application for a COA is DENIED. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? Appellant objected to the attack over Counsel's shoulder, which objection the trial court sustained. Especially the white chick, she looked good, huh, Junior? 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. Pleasanton Express Staff Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. The gang at the Texas company Ekstensive Metal Works build some of the most creative rides found anywhere. It should also be noted that the statements were made in the presence of appellant's brother (a gang member himself) and his sister-in-law and thus the speakers reasonably felt they could confide in them and had no motivation to lie or place the blame for the crime on someone else. Finally and in the alternative, the district court determined that there was no reasonable probability of a different result had Cantu's counsel raised a due process objection to the photographs because other sources of evidence painted a vivid image of Cantu's brutality and otherwise amply supported a finding that Cantu committed capital murder. 2052. He gave no final statement and showed no remorse for his acts. 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. 2(f)(4). Please submit missing details you may have. FN12. Texas Metal Season 3: Premiere Date, Cast, Trailer, Host & News. The other gang members present were Roman Sandoval, Joe Medellin, Efrian Perez, and Derrick Sean OBrien. He had problems, he was sick, he is sick. A clemency must be granted to Peter Cantu. Both expressed regret for their role in the killings. 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. 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. H-07-CV-3016, 2009 WL 275172 (S.D.Tex. 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. Appellant's twenty-eighth point is overruled. Two members also have been executed and two others are serving life prison sentences. 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. 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. The same objection was lodged with regard to the testimony of Joe Cantu. The arrogance of the crime combined with the horror of it galvanized the entire city of Houston against the six gang members. Situando a esta Section 2(f)(4) stated: 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. Police traced the 911 call to the Cantu home, and Joe passed on what he knew. See also Morris v. State, 940 S.W.2d 610, 615 (Tex.Crim.App.1996). We further held in Rey v. State, 897 S.W.2d 333, 337 (Tex.Crim.App.1995), that Ake applies to non-psychiatric experts like pathologists. Elgin, Texas. (806) 763-5556. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. Cantu had left his wallet at . He did not acknowledge the victims families and he had no personal witnesses attending the execution. 1676, 95 L.Ed.2d 127 (1987). All Rights Reserved. Graveside services and interment followed in the St. Marys Catholic Cemetery. at 336, 123 S.Ct. at 2606-07. However, this holding was subsequently rejected by the Seventh Circuit. 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 Cantus bedroom. In support of his argument, appellant cites this Court to Tison, supra, and Enmund v. Florida, 458 U.S. 782, 102 S.Ct. , 30, a security guard, was charged with burglary of a business he was hired to protect. 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. $26.50 paid to City of San Antonio, Texas, Description: 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. Maybe some satisfaction, but never closure.". Cantu's family did not attend his killing. In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. The district court determined that the state court's conclusion was not an unreasonable application of federal law. See Article 36.15; Tex.R.App. The person not sentenced to death, 14 at the time, got a 40-year sentence. HUNTSVILLE, Texas (AP) Randy Ertman knows the road to the Texas death chamber too well. The Ertmans and Penas, again with Kahan's assistance, were also instrumental in getting Texas law changed so that victims' relatives are permitted to witness the executions of their loved ones' killers. He is preceded in death by his brothers, Alcardo Cantu, Jesus Cantu III; maternal grandfather, Juan Santos Acuna, and paternal grandparents, Jesus Cantu Sr. and Olivia Cantu. Date of Birth: 05/27/75 A jury is permitted to look at several factors in its review of future dangerousness including, but not limited to: Derrick Sean O'Brien was executed in July 2006. We do not guarantee accuracy of information. He has declined to speak with reporters as his execution date neared. 2216 91st St, Lubbock, TX 79423 921 Adrian St, Lubbock, TX 79403 2311 49th St, Lubbock, TX 79412. We will affirm. 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. Associated Addresses. If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court. LinkedIn is the world's largest business network, helping. M. Pena then testified as to her relationship with her daughter and her daughter's relationship with other members of the family. 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. See Heitman, supra. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. We find no constitutional infirmity as the mitigation special issue was enacted by the Legislature to address the concerns of the Supreme Court as stated in Penry v. Lynaugh, supra. Also, it is clear from her closing argument the prosecutor never told the jury they must find a nexus between the offense and the evidence offered as mitigating by the appellant; she merely suggested that they weigh the evidence in this manner. 78 and Loop 1604. 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. Christina subsequently convinced her husband to report the incident to the police. Penal Code 8.04, the trial court submitted the following instruction to the jury in the punishment charge: "They are still in our hearts and prayers.". Rousseau, 855 S.W.2d at 687, n. 26. * that appellant threatened to kill an officer of the law; and denied, 492 U.S. 912, 109 S.Ct. [WITNESS:] When one of them said, I made her suck my dick, he said, oh, yeah, I did that. Specifically, appellant wanted to ask veniremembers if they could hold the State to the burden of proof of beyond a reasonable doubt. Point of error twelve is overruled. Keller and Womack, JJ., concurred in part, and concurred in result in part. 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 Sheriffs Office. Proc. Peter Cantu then walked in and readily agreed with their recollection of events. In his fifth point of error, appellant complains that the trial court erred in overruling his objection to the prosecutor's argument that the jury had to find a nexus between the defense evidence and the crime before they could consider it mitigating. (AP August 17, 2010). 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 Ha-ha. Cantu seeks a COA on five issues: (1) whether due process requires the state trial court to inform the jury that, if sentenced to life in prison instead of death, Cantu would be eligible for parole after thirty-five years; (2) whether the district court's determination not to instruct the jury on lesser-included offenses violated the Eighth Amendment; (3) whether the way Texas places mitigating evidence before the jury violates the Eighth Amendment; FN1 (4) whether Cantu was rendered ineffective assistance of counsel because his trial counsel did not object on due process grounds to the trial court's admitting photographs that depicted the victims' bodies and the crime scene; and (5) whether Cantu was rendered ineffective assistance because his trial counsel did not object to the prosecution's sentencing-phase argument urging the jury to consider those photographs. Hence, appellant's first and third requested charges set out above would have been misstatements of the law. Feb.4, 2009). 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. Webb, 760 S.W.2d at 268; Tucker, 771 S.W.2d at 530. In regard to points twenty-one and twenty-three, appellant argues that the jury should have been required to identify which unadjudicated offenses they found appellant had committed.FN10 Because they did not, appellant contends, this Court is unable to consider the unadjudicated offenses in its evaluation, thus barring a review of the sufficiency of the evidence of the punishment issues. 2/23/98 --- Cantu filed an application for state writ of habeas corpus. Please visit www.cbp.gov to view additional news releases and other information pertaining to Customs and Border Protection. When everyone was finished, Cantu told the boys to take the girls into the woods. 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. on All data is collected from public records. Again the evidence belies this conclusion. Texas Metal is a reality TV program first debuted on 7th November 2018 on Velocity. Barnes v. State, 876 S.W.2d 316, 329 (Tex.Crim.App. denied, 514 U.S. 1117, 115 S.Ct. Both of these claims are governed by the familiar Strickland standard. 1339, 127 L.Ed.2d 687 (1994), Nelson v. State, 864 S.W.2d 496, 498 (Tex.Crim.App.1993), cert. Tuesday he paid for it with his life. original sound - Pete Cantu. Hence, the second prong of Rousseau was not met in this instance either, and appellant was not entitled to a lesser-included charge of murder. Other cast members of the show are Spot and John. Several of Ertman's ribs were broken from being kicked. "Texas executes gang member for murder of 2 girls," by Michael Graczyk. Proc. Here's a full rundown of the teams, drivers, and their cars. * that appellant made threats at a hospital and in jail. Native County: Harris Final/Special Meal: 3202, 105 L.Ed.2d 709 (1989); Tucker v. State, 771 S.W.2d 523, 530 (Tex.Crim.App.1988), cert. As we stated in Robertson v. State, 871 S.W.2d 701, 711-12 (Tex.Crim.App.1993), cert. However, he contends that a meaningful review of the mitigation issue is impossible. For those who so desire you may make memorial contributions in his memory to the charity of your choice. [F]irst, the lesser included offense must be included within the proof necessary to establish the offense charged, and, second, some evidence must exist in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser offense.

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