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Please spare his life. 946, 952 (5th Cir.2004) (emphasis added); cf. FN2. 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. denied, 510 U.S. 1215, 114 S.Ct. Thus, if in your judgment, a mitigating circumstance independently calls for a life sentence even though it also tends to support a yes answer to a Special Issue, you must not answer the Special Issue yes, but rather you should answer it no. Some of the girls' jewelry was recovered from his bedroom. The off-duty deputy, who was charged with driving while intoxicated, had fallen asleep inside the Whataburger before he was found asleep again by a Universal City police officer this time behind the wheel of a running pickup with a cold, open tall boy.Read more: Police: Deputy arrested for DWI ordered burger, fell asleep. denied, 513 U.S. 967, 115 S.Ct. Refine Your Search Results. This murder was unsolved until after O'Brien was arrested for the murder of Jennifer Ertman and Elizabeth Pena. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. Cantu asked them if they wanted to get some, but Roman told him that he did not rape or kill girls. Appellant alleges in point thirty-three that the death penalty as presently administered in Texas is cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, 13 of the Texas Constitution. See Walton v. Arizona, 497 U.S. 639, 110 S.Ct. Point of error thirty-five is overruled. 1997). 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. denied, 508 U.S. 963, 113 S.Ct. On June 24, 1993, Cantu and other members of the Black and White gang met to initiate a new member. We will not revisit the issue here. Texas presents the question of mitigating evidence to a jury through article 37.071, sections 2(e)(1) and 2(f)(4) of the Texas Code of Criminal Procedure. This is a carousel. 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. Cantu was described as the leader of small gang known as the Black and Whites. He was booked into the Guadalupe County Jail for theft of a vehicle and evading arrest, along with a separate charge of possession of a controlled substance. After the girls were strangled, Cantu kicked Pena in the face with his steel-toed boots, knocking out several of her teeth. Evidence concerning her sexual assault, robbery and murder is admissible as same transaction contextual evidence. The record reveals that M. Pena was one of over thirty witnesses who testified at punishment, and her testimony before the jury comprised less than twenty pages out of over 700 pages of testimony at punishment. That evidence, including youth and mental health testimony, may only be considered by you as mitigation of his punishment. denied, 510 U.S. 997, 114 S.Ct. Such victim impact statements, as they are called, are now commonplace. Point of error five is overruled. Nearly two decades after friends and relatives frantically distributed flyers offering a $10,000 reward for help finding the teenagers who failed to return home from a summer pool party, prosecutor Donna Goode still has one in her office. Log In. (3) determination that petitioner was not denied effective assistance of counsel was reasonable. The prosecutor then asked Martinez if she had written the above cited letter to Perez, to which question she replied that she had. All of his subsequent appeals in state and federal court were denied. The court overruled his objection. Failure To Raise A Due Process Objection To Photographs, Cantu's first claim centers on his trial counsel's failure to raise a due process objection to the admissibility of victim and crime-scene photographs that depicted the gruesome results of Cantu's and his cohorts' conduct. She bought the beer and went with the group, unwittingly heading to her death. Thus, no egregious harm, if any harm at all, can be established. McFarland, 928 S.W.2d at 520. Contractors DirectoryInformation on every contractor in United States. Appellant's reliance on Justice Blackmun's dissenting opinion is misplaced. When confronted with the evidence, O'Brien admitted his involvement in Patricia's murder. A memorial for them was also placed at T.C. When the rapes finally ended, the horror was not over. It was a death the victims' families said was too good for the man who brought a violent and terrifying end to the lives of two teens 17 years ago. 2556, 135 L.Ed.2d 1074 (1996). Point of error twenty-nine is overruled. * that appellant made threats at a hospital and in jail. 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. Appellant alleges that this denial violated the Eighth Amendment. Other cast members of the show are Spot and John. 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. The Bexar County Sheriff's Office released surveillance video of an attempted burglary on the Northwest Side on May 24, 2016. In points thirty-seven and thirty-eight, appellant complains that the admission of unadjudicated extraneous offenses during the sentencing phase violated Article 37.07 and the Eighth and Fourteenth Amendments to the United States Constitution. Rule App. Santikos, supra; Dinkins v. State, 894 S.W.2d 330, 340 (Tex.Crim.App.1995), cert. Sign Up. Now, Cantu seeks a COA on five of the issues he raised below. (plurality op. The district court determined that this conclusion was not an unreasonable application of federal law. In 1946, Pete initially started as a messenger boy for Western Union. 724, 735-36 (5th Cir.2005). "There's no way to put closure on this," said Jim Stacey, a close friend of the Ertman family. Eduardo Munoz, 20, is accused of robbing the same store four times Dec. 14 and one the fifth attempt he was arrested. Volunteer Awards - border olympics The class is further limited in that the death penalty cannot be imposed on an individual convicted of capital murder unless the jury answers the special issues in the manner described in Article 37.071, Section 1, Code of Criminal Procedure. In 1994, a Texas jury convicted Peter Cantu of capital murder and sentenced him to death for the murder of Jennifer Ertman. Petitioner filed application for certificate of appealability (COA). Log in or sign up for Facebook to connect with friends, family and people you know. Patricia, a 27-year-old mother of two young children, had run out of gas and was stranded on the side of the freeway on her way home from a football game. FN2. He was born on June 9, 1980, in Stephenville, Texas to Jesus Cantu, Jr. and Maria Acuna. 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. 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. See Tucker v. State, 771 S.W.2d 523, 533-34 (Tex.Crim.App.1988), cert. Valerie Nicole is the only woman working at Ekstensive Metal Works, and needless to say, she is enjoying her work. We do note that on the penultimate page of his brief, appellant refers to the term, continuing threat to society. This Court has repeatedly rejected the contention that terms such as this must be defined in the charge. Don't kill that child. The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. Keller and Womack, JJ., concurred in part, and concurred in result in part. Under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), the failure to object to an included charge waives all but egregious error. 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. And in point four, appellant contends that the trial court erred by denying appellant the right to question jurors about their ability to consider the 35 calendar year condition on a life sentence. denied, 507 U.S. 975, 113 S.Ct. Today you all came out on TV again and it said that their parents are trying to do everything they can to give you all the death penalty, even Yuni, but I don't think so because that's when we go out and take our asses on strike. * * * "I had no idea they would be coming to this." 2/23/98 --- Cantu filed an application for state writ of habeas corpus. Pete Cantu - Lubbock, Texas, United States | Professional Profile | LinkedIn View Pete Cantu's professional profile on LinkedIn. ", Their battered and decomposing bodies, left to mummify in a wooded field in the relentless heat of Houston's summer, were found four days after they disappeared. The Texas Court of Criminal Appeals affirmed the conviction and sentence in January 1997. He gave the police the names of all of the perpetrators, except for new initiate Villareal, who he did not know. During its jury argument at punishment, the State did not even mention her testimony, much less emphasize it. denied, 492 U.S. 912, 109 S.Ct. ), cert. Race: White 1127, 127 L.Ed.2d 435 (1994), in support of his argument that capital punishment is violative of the United States Constitution. Cantu also confessed. The initiation involved fighting each member of the gang for a five- to ten- minute period. Conversely, jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence to constitute reversible error. THE COURT: Overruled. $26.50 paid to City of San Antonio, Texas, Description: Look at the evidence. Among them was Melinda Rios, who said the girls had been at her home that night for a small party with her daughters. And if you care to, you can see the result of this defendant's handy work again. A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S.Ct. Cantu then sought state post-conviction relief. 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. Funeral arrangements are under the direction of the Schaetter Funeral Home, Fredericksburg. in memory of Pete T. Cantu, please visit our floral store. SAN ANTONIO A man suspected of stealing an unmarked Bexar County Sheriffs Office cruiser during a chase Tuesday was arrested New Braunfels Wednesday morning. Danny Acosta, 30, faces a charge of aggravated robbery after he allegedly robbed a house last month. Zimmerman was remanded by the United States Supreme Court to review in light of Johnson v. Texas, 509 U.S. 350, 113 S.Ct. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. 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. She walked to a nearby convenience store, and called someone to come and help her. He was friendly and never met a stranger. I met Peter through an anti death penalty association that dealt with finding pen pals for prisoners. at 826-28, 111 S.Ct. Pete Rodriguez Obituary - San Antonio, TX - Dignity Memorial Cantu jumped out of the car and continued to run on foot, Hughes said. 37.071, 2(e)(1) (1991). Fitness Professional Online at Xecute Fit. Specific examples of these statements include the following: [from C. Cantu's testimony] Patricia's estranged husband suffered through a long period of being considered a suspect in his wife's murder. Point of error forty-one is overruled. Capital One Plaza 5718 Westheimer, Suite 1750 701 Brazos, Suite 1500 Houston, Texas 77057 Austin, Texas 78701 Counsel for Defendant [D/Guerra, L.P. Appellant concedes that there is no requirement that all statutory elements be proven before evidence of an extraneous offense can be admitted at punishment. All Rights Reserved. The third man was given 40 years in prison and is eligible for parole. In related point of error twenty, appellant contends that the trial court erred in not allowing him to question venirepersons regarding the burden of proof on the mitigation issue. Peter Anthony Cantu Executed for Jennifer Ertman and - CBS News denied, 492 U.S. 912, 109 S.Ct. This Court recently applied the Ake standard as it relates to a defendant asserting an insanity defense and rejected the notion that a court's expert necessarily fulfills the role of a psychiatric assistant to the indigent accused envisioned by Ake. De Freece v. State, 848 S.W.2d 150, 159 (Tex.Crim.App. Because of our resolution of points of error eighteen and nineteen, supra, we hold that this was not error. On appeal, appellant claims that the entire testimony of Pena's mother was inadmissible at the punishment stage of trial. Use Next and Previous buttons to navigate. They questioned Joe Cantu, who identified himself as both the 9-1-1 caller and the Crimestoppers tipster. Any facial unconstitutionality inhering in Article 37.071 2(b)(2) did not affect appellant. The absence of an explicit assignment of the burden of proof does not render Article 37.071 2(e) unconstitutional. "Two beautiful young girls," Goode says. Article 36.01, which governs the order of proceeding in trial, states in pertinent part: He was pronounced dead at 6:17 p.m. The sixth was convicted as a juvenile and is serving a 40-year prison term. * * * Point of error thirty-three is overruled. 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. Points one and two claim constitutional error in the trial court denying his requested punishment jury charge instruction informing the jury that pursuant to Article 42.18, 8(b)(2), V.A.C.C.P., a prisoner serving a life sentence for capital murder is not parole eligible until the actual calendar time served, without consideration of good conduct time, equals 35 calendar years. They pulled on the belt, one boy on each side, until the belt broke. Peter Anthony Cantu (AP Photo/Texas Dept. Retrieved June 3, 2022. We note initially that Article 37.071 does not objectively define mitigating evidence, leaving all such resolutions to the subjective standards of the jury. Citations: The same objection was lodged with regard to the testimony of Joe Cantu. March 11, 2019. The families hope to keep him in jail for his entire sentence, of which he has served almost half. 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 . See Free v. Peters, 806 F.Supp. Cantu then filed a habeas petition in the United Stated District Court for the Southern District of Texas. 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. But I think I will probably sleep a little better. 'It's ridiculous. The price of the Beefy Crunch Burrito had gone up from 99 cents to $1.49 and. Santikos v. State, 836 S.W.2d 631, 633 (Tex.Crim.App. With $53,000 being the highest bid for the 332-mile supercharged 1/2-ton, it moved on for a . Known meat thief nabbed for H-E-B steak heist, South Texans want to know who's behind the 'Booty Patrol' truck, 'Naked and Afraid' lets San Antonio mom show off survival skills, Costco to open first $15M store in Central Texas this March, Former Boerne QB investigated for allegedly sharing XFL plays, Rooftop bar Cowboys and Cadillacs to grace downtown New Braunfels, Video shows drunk driver try to flee crash that killed Texas cop, PHOTOS: Massive alligator spooks locals along a South Texas road, S.A. woman: Thieves took selfie with stolen phone while eating food paid for with stolen card, SAPD: Man with outline of Texas tattooed on head asked permission before robbing house, Police: Man rammed car into Dollar General, stole Budweiser, Police: Deputy arrested for DWI ordered burger, fell asleep, Man accused of making threats with sword faces more charges, Courthouse high drama actually just high jinks, Police: Woman stole more than $6,000 in sausage, Police: Security guard swipes $13K from business he was hired to protect, Police: Man who robbed same store four times in one night nabbed on fifth attempt, San Antonio carjacking suspects couldn't figure out push-button ignition, Residents curious about 'U.S. We concluded that the trial court's decision to admit this testimony was not an abuse of discretion in that such testimony was within the zone of reasonable disagreement of evidence relevant to sentence. Points of error one through four are overruled.FN3. The witness replied in the negative. 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. The gang then drank beer and engaged in horseplay. FN12. He asserts that the nexus requirement set out by this Court in cases like Lackey v. State, 819 S.W.2d 111, 135 n. 10 (Tex.Crim.App.1989), Mines v. State, 852 S.W.2d 941 (Tex.Crim.App.1992),FN4 Richardson v. State, 879 S.W.2d 874 (Tex.Crim.App.1993), and Willingham v. State, supra, is no longer valid in light of the post- Penry sentencing scheme.FN5 He conclusorily states that, while a nexus was required under these post- Penry, pre-statute cases, this should no longer be the law in light of the enactment of Article 37.071, Section 2(e).FN6. Later that night, Joe, Efrian, and Raul regrouped at Cantus house to brag about their exploits. * * * A little knowledge of routine vehicle maintenance may have kept. 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. On June 24, 1993, the group was conducting a fight-filled initiation ceremony for a prospective member across from. See Photos. Medellin said that they "had fun" and that their activities would be seen on the TV news. 1.tu chaparrita 2.mi linda ilusion 3.al cien 4.me aleje de ti 5.acercate (feat. Ruben Cantu: The wrong man? | CNN 2/5/09 -- Cantu appealed to the United States Court of Appeals for the Fifth Circuit. As we do not find the prosecutor's argument to be manifestly prejudicial or improper, we need not address appellant's contention that the nexus requirement is no longer valid given the enactment of Article 37.071, Section 2(e). 52(a); see Davis v. State, 872 S.W.2d 743, 748, n. 11 (Tex.Crim.App.1994). Pete Cantu in TX - Address & Phone Number | Whitepages Focus for the victims' families now turns to the remaining three killers. The State mentioned the 35-year period that defense counsel had talked about and asked the witness about the jury's concerns being not about what's going to happen 35 years from now but rather what's going to happen in the next day, the next week, the next month, the next year. In light of that questioning mentioning situations of capital murder defendants, including Kenneth McDuff, being paroled and committing murders, it was even more critical that the jury be informed of the law, i.e. Jester Park, about two dozen people gathered around a pair of flower-covered memorial benches to remember the murdered teens. 381, 121 L.Ed.2d 292 (1992); Teague v. State, 864 S.W.2d 505, 519 (Tex.Crim.App.1993); Adanandus v. State, 866 S.W.2d 210, 234 (Tex.Crim.App.1993), cert. Your email address will not be published. OVERSTREET, Judge, concurring and dissenting. Authorities were able to track Cantu down to the 100 block of Charles Avenue shortly after midnight. at 2606-07. 174, 130 L.Ed.2d 110 (1994); Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. Tex.R.App. Frank Sandoval and Venancio Medellin, 14, brothers of two of the gang members, were also present. Nor does he argue that the charge given was inappropriate, only that it was incomplete. 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. When everyone was finished, Cantu told the boys to take the girls into the woods. Specifically, appellant requested the following instructions: denied, 511 U.S. 1100, 114 S.Ct. "Theres no way to ever get closure from this. Mental or physical incapacity caused by intoxication means that the defendant's mental capacity was so disturbed from the introduction of a substance into his body that the defendant either did not know that his conduct was wrong or was incapable of conforming his conduct to the requirements [sic] of the law he allegedly violated. 28 U.S.C. Accordingly, appellant waived any error by his failure to object to the procedure used by the trial court in its entering of his plea before the jury. 2934, 106 L.Ed.2d 256 (1989). What Happened to Heath From 'Texas Metal'? Is Heath Moore on TV? Jennifer and Elizabeth first encountered Roman and Frank as they made their way home, but managed to pass them without incident. 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. 2909, 49 L.Ed.2d 859 (1976), that as long as the class of murderers subject to capital punishment is narrowed, there is no constitutional infirmity in a procedure that allows a jury to recommend mercy based on the mitigating evidence introduced by a defendant. Pete Cantu in San Antonio, Texas | Phone Number, Email, Address - Spokeo 596, 111 S.W. Specifically, Cantu challenges the trial court's preventing him from informing the jury that, based on Texas law at the time, he would be eligible for parole in thirty-five years were he sentenced to life in prison as opposed to death. 705 (1992). LAST NOTE PRODUCTIONS-Pete Cantu part 2 of 4Elgin's 23rd annual Hogeye Festival elgin Texas 10-23-2010. 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. They decided to follow the railroad tracks that passed by T.C. Houston's deadliest day: A string of mayhem and the families left behind 42.18, 8(b)(2), V.A.C.C.P., provision requiring a prisoner serving a life sentence for capital murder to serve 35 calendar years, without consideration of good conduct time, before becoming eligible for parole. In appellant's arraignment in open court, but outside the presence of the jury, the State read the indictment and appellant's counsel entered appellant's plea of not guilty. While the plain language of Article 36.01 indicates that an identical procedure should be followed in the jury's presence, it is not required by that language. Well, this is a sanitized and civilized killing that we have for Peter Cantu. Seventeen years is a long time to have something eating on you like that. Michael A. Cantu is the morning News Now reporter for KCBD NewsChannel 11. Subsequently, they all took turns stomping on both girls necks to make sure they were dead. Police traced the 911 call to the Cantu home, and Joe passed on what he knew. 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. Pedro Cantu Obituary (2019) - Denham Springs, LA - The Advocate Find your friends on Facebook. At one point, Cantu kicked Ms. Pena in the face with his steel-toed boot. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. . I'd do the same thing if I was in his position. 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. 16th murderer executed in Texas in 2010 1338, 127 L.Ed.2d 686 (1994); Butler v. State, 872 S.W.2d 227, 240 (Tex.Crim.App.1994), cert. Jail. As the factfinder, the jury is free to determine which witnesses it finds to be credible and what evidence it deems to be believable. Now [defense counsel], I don't blame him. has been arrested for allegedly ramming his car into a Dollar General on the East Side, attempting to rob a nearby gas station and then returning to the Dollar General to rob the store a second time. 84 Lumber. He did not look toward the witnesses and made no last statement. 2193, 109 L.Ed.2d 520 (1990). I love you too Pete, may you find peace wherever you are, finally you are free. They were kicked, teeth knocked out and hair pulled out and ribs broken. 74(f). Cantu walked in as the rest were recounting their exploits to his older brother and sister-in-law, Joe and Christina Cantu, in graphic detail. FN3. "They are still behind us. Appellant's own statement, plus the testimony of other witnesses, elucidate appellant's full participation in each of these offenses. Copyright 2018 - 2023 PLEASANTON EXPRESS. 2950, 49 L.Ed.2d 929 (1976), when it held that the Texas future dangerousness issue was not unconstitutionally vague. It's not a question of you killing this child. And finally, the prosecution closed by reiterating: [W]hether the defendant actually caused the death of the deceased or did not actually cause the death of the deceased but intended to kill the deceased or another or anticipated that a human life would be taken. Pete Cantu in Texas. Penal Code Ann. No crime warrants a sentence of death. Point of error nine is overruled. This article is the substantial equivalent to the pre-1991 Article 37.071(g) which we have previously held to be constitutional on numerous occasions. 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. Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.) ), cert. 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. We have held that, to constitute proper jury argument, the argument must encompass one (or more) of the following: (1) summation of the evidence presented at trial, (2) reasonable deduction drawn from that evidence, (3) answer to the opposing counsel's argument, or (4) a plea for law enforcement. All I would tell the girls right now is we still love you and still miss you," he said. 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..

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