John was born February 14, 1952 in Victoria to Francisco Cantu and Andrea Flores Cantu. Raul Villareal, 17, was being initiated into the Black and White gang, led by Cantu, then 18. the Art. Media Advisory: Peter Cantu scheduled for execution. 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. Pallbearers: Anthony Cantu, Fidercio Cantu, Leon Perez, Gary Sorola, Jason Cantu, Adam Cantu, Joshua Cantu. 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 appellant's bedroom. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? At this point, the Sandoval brothers decided that it was time to leave. 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. Members of the gang, including Cantu, then began a vicious sexual assault of the girls. denied, 492 U.S. 912, 109 S.Ct. A reading of the record of the cross-examination shows appellant is mistaken: the State's emphasis was on appellant's future dangerousness while in prison. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. Mayes v. State, 816 S.W.2d 79, 86 (Tex.Crim.App.1991); Camacho v. State, 864 S.W.2d 524 (Tex.Crim.App.1993), cert. M. Pena also told the jury what her daughter had been like in life: personality traits she exhibited, activities she had engaged in, and similar good character type evidence. County of Offense: Harris 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. It is well-settled that, in reviewing the sufficiency of the evidence at the punishment stage, this Court views the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could make the finding beyond a reasonable doubt. 17. Derrick Sean O'Brien was executed in July 2006. Ayesha Gani. The group then headed towards some nearby railroad tracks. Tuilaepa v. California, 512 U.S. 967, 979-80, 114 S.Ct. Appellant's argument centers around the concept that aggravating circumstances must be adequately defined for the jury. (Direct Appeal). denied, 512 U.S. 1246, 114 S.Ct. Specific examples of these statements include the following: [from C. Cantu's testimony] Because the consideration and weighing of mitigating evidence is an open-ended, subjective determination engaged in by each individual juror, we conclude that Article 37.071 2(f)(4) does not unconstitutionally narrow the jury's discretion to factors concerning only moral blameworthiness as appellant alleges. 1756, 95 L.Ed.2d 262 (1987). And, finally, in point twenty-seven, appellant alleges that the scheme is unconstitutional as applied in that the future dangerousness issue does not encompass consideration of the act or conduct that formed the basis of conviction in any meaningful or standardized manner. Appellant combines all three of these points into one argument in which he basically alleges that the special issues do nothing to insure that the sentencer's decision was not an act of unbridled discretion.. Of the six people convicted, five were sentenced to death. He married. When Cantu saw them, however, he thought they were a man and woman. See Colella v. State, 915 S.W.2d 834 (Tex.Crim.App.1995); McFarland, No. It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. Appellant appeared happy and amused by the conversation and readily agreed with the recollection of events. The boys boasted about the rapes and killings. Jose Medellin was executed in August 2008. Seventeen years after taking part in one of the most heinous crimes in Houston history, Peter Cantu was executed tonight in Huntsville. Appellant, Peter Anthony Cantu, was charged by indictment with the offense of capital murder for killing Jennifer Ertman in the course of committing or attempting to commit robbery, kidnapping and aggravated sexual assault. Copyright 2018 - 2023 PLEASANTON EXPRESS. 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. 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. [THE STATE:] Who said we had to kill them? or. Appellant raises forty-five points of error. After unsuccessfully appealing his conviction . Visitation for Mr. Pedro Pete Cantu will begin on Sunday, February 2nd from 2:00 till 7:00 P.M. and on Monday, February 3rd from 7:00 A.M. till 1:00 P.M. in the chapel of the Schaetter Funeral Home, Fredericksburg. Texas Rule of Criminal Evidence 610(b) provides: a witness may be cross-examined on any matter relevant to any issue in the case, including credibility. The trial court has discretion as to the extent of cross-examination of a witness for the showing of bias or as to credibility, and its decision is not subject to reversal on appeal absent a clear abuse of discretion. In light of this, we look to the record in the present case and review the evidence in the light most favorable to the verdict to determine whether a rational jury could have found sufficient evidence that appellant would probably be a danger in the future. 2. He was born in Luckenbach, Texas on November 28, 1946, to Pablo and Patricina (Arizola) Cantu. Further, the trial court did not admit all of the prosecution's proffered photographs and instead engaged in a process of weighing the probative value of each photograph against its likely prejudicial effect. For instance, a special instruction is not mandated under our law requiring a jury to affirmatively answer whether they believed witness A, but not witness B. At trial, appellant's sister-in-law, Christina Cantu, and appellant's brother, Joe Cantu, both took the stand and testified that appellant and his co-defendants arrived at the Cantu house the night of the murders and freely talked, and even bragged, about the events of the evening. She'd been raped and eviscerated. In 1993, six gang members raped, killed, and brutally beat 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena beyond recognition. After ransacking the office, Alva noticed the camera and disconnected it, but did not remove the memory card. "Billy Eichner Romantic Comedy 'Bros' Moves To Fall After 'Mission: Impossible 7' Re-Assignment To 2023". Further, the overwhelming balance of evidence adduced at trial corroborated Cantu's second statement: (1) Roman Sandoval, a fellow gang member, stated that Cantu called him and confessed to the murders; (2) additional gang members stated that they were following whatever Peter Cantu was doing; (3) Venancia Medellin, a gang member, testified that after he raped Ms. Ertman, Cantu whispered in his ear that [w]e're going to have to kill them, and that Cantu then directed the gang to bring the girls into the woods; and (4) while some of the gang members, including Cantu, recounted the events of that evening to Cantu's older brother Joe and his wife Christina, one gang member described how Cantu kicked one of the girls in the face with his steel toe[ ] [boots] while Cantu commented that [t]he bitch wouldn't die so I stomped on her neck and that the girls had to die [so] they couldn't identify them.. [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. Appellant has shown no particularized need for this study. ), cert. ), cert. We also note that the Texas death penalty scheme has been amended, at least in part, to address concerns raised by the Supreme Court. Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim. Strickland, 466 U.S. at 700, 104 S.Ct. Co-Defendants: Four accomplices were charged with capital murder following their arrest: Derrick Sean O'Brien, Raul Villareal, Efrian Perez, and Jose Medellin. Nor does he argue that the charge given was inappropriate, only that it was incomplete. By requiring the jury to at least consider a mitigating factor, the statute would survive constitutional scrutiny. The sixth was convicted as a juvenile and is serving a 40-year prison term. 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. "They left my house and they were supposed to go home," Rios said. Johnson v. Quarterman, 483 F.3d 278, 285 (5th Cir.2007). These factors are also helpful in this Court's evaluation of this question. Extraneous offenses are only a portion of the evidence a jury is allowed to consider. The police were sent to the scene and searched the park without finding anything. 5. the defendant's age and personal circumstances at the time of the offense; Thus, the Supreme Court held: [I]f the State chooses to permit the admission of victim impact evidence and prosecutorial argument on that subject, the Eighth Amendment erects no per se bar. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. There is no evidence that must be viewed by a juror as being per se mitigating. [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. Hence, his point presents nothing for our review.FN12 Tex.R.App. ^ D'Alessandro, Anthony (January 22, 2022). Appellant asserts in his thirtieth point of error that the 12-10 rule of Article 37.071 2(d)(2) and 2(f)(2) violates the Eighth Amendment to the United States Constitution. 2/4/10 -- Cantu filed a petition for certiorari review in the U.S. Supreme Court. After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. Texas Department of Criminal Justice - Executed Offenders (Cantu), Cantu, Peter Anthony Ertman made the drive here four years ago for the first execution.

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