Waco man who murdered estranged wife in front of daughter gets life in prison

WACO, Texas (KWTX) - Carnell Petetan, 46, convicted of capital murder, has been sentenced to life in prison without parole in the Sept. 23, 2012 killing of his estranged wife, Kimberly Petetan, in front of her nine-year-old daughter, McLennan County District Attorney Josh Tetens announced on Oct. 19.

Petetan forced his way into Kimberly’s apartment in an attempt to convince her to retract a report of domestic violence she made to police 10 days earlier. The woman tried to escape from the apartment along with her daughter, but Petetan shot and killed her.

Prior to murdering Kimberly, Petetan had served nearly 20 years in prison for attempted murder charges in Jefferson County and was released on parole only five months before Kimberly’s murder.

In April 2014, the McLennan County District Attorney’s Office tried Petetan for capital murder. The jury convicted Petetan and sentenced him to death despite claims Petetan was intellectually disabled.

“Intellectual disability is a critical issue because the United States Supreme Court ruled in 2002 that the death penalty is unconstitutional for any defendant who is intellectually disabled, regardless of the facts of the crime,” said First Assistant District Attorney of McLennan County Ryan Calvert.

In 2021, the Texas Court of Criminal Appeals affirmed Petetan’s conviction for capital murder but reversed his death sentence and ordered a new punishment hearing.

According to Calvert, the court ruled that, during the punishment phase of the 2014 trial, the evidence was insufficient to show that Petetan was not intellectually disabled.

Upon taking office in January 2023, McLennan County District Attorney Josh Tetens and his staff began reviewing Petetan’s case. Prosecutors decided to only seek a second death sentence if evidence conclusively ruled out intellectual disability.

Tetens retained an experienced neuropsychologist to evaluate Petetan for intellectual disability. That evaluation included a review of Petetan’s school and juvenile records. Those records from Petetan’s youth indicated “potential intellectual disability,” Tetens’ office said.

Ultimately, the neuropsychologist could not rule out that Petetan is intellectually disabled. A different neuropsychologist retained by Petetan’s lawyers determined that Petetan is intellectually disabled.

“Since Petetan’s intellectual disability could not be disproven, prosecutors elected not to proceed with another lengthy trial and many years of appeals,” Tetens’ office said, “Because Petetan’s original guilty verdict was affirmed on appeal, he will automatically receive a sentence of life in prison without parole, and he can no longer appeal.”

“Despite Carnell Petetan’s decades of violence and murder, the law forbids a death sentence for anyone who is intellectually disabled. While the evidence does not support seeking another death sentence for Petetan, we are grateful that this monster will never again breathe free air,” said Tetens.

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