Texas Killer's New Trial Hinges on Leaked Court Filing

A massive 75-page court filing has surfaced, laying out alleged threats, gun photos, and violent text messages linked to convicted Texas killer Karmelo Anthony. At first glance, this document looks like a roadmap of evidence prosecutors planned to present during his trial. But a veteran Texas criminal defense attorney says that is one of the biggest misconceptions surrounding the matter. Jurors were never guaranteed to see any of it.

Fox News Digital recently obtained the filing, which prosecutors submitted before Anthony's murder trial under Texas Rule of Evidence 404(b). The document has taken on renewed importance because Anthony's bid for a new trial focuses on an alleged pretrial agreement governing character evidence. He argues confusion over that agreement affected his decision not to testify, while prosecutors dispute that claim.

The notice catalogs dozens of alleged prior acts prosecutors said they may seek to introduce. These include allegations that Anthony stalked his girlfriend hours before fatally stabbing 17-year-old Austin Metcalf at a Frisco high school track meet on April 2, 2025. Prosecutors also cited text messages in which Anthony allegedly said he was "on the verge," posed with firearms, made violent threats, and repeatedly discussed fighting.

The filing also includes allegations that Anthony talked about committing robberies, buying firearms and extended magazines, selling narcotics, and threatening multiple people, including his then-girlfriend, in text messages spanning several years. Prosecutors noted the screenshots represent only portions of larger conversations and stated the alleged prior acts were separate from the charged offense.

To some readers, the filing might appear to be a blueprint of the prosecution's case. But appearances can be misleading. Tiffany Burks, a partner at Texas law firm Varghese Summersett and a former prosecutor, said that is not how Rule 404(b) works. She explained that filing a Rule 404(b) notice does not mean jurors will ultimately hear the evidence.

Instead, it gives the defense advance notice of evidence prosecutors may seek to introduce so attorneys have time to investigate the allegations and prepare a response before trial. If prosecutors believe they may want to introduce evidence of prior alleged bad acts, they must notify the defense before trial so attorneys have an opportunity to investigate, prepare a rebuttal, and avoid being surprised before a jury.

"The law requires that you file a 404(b) notice so that you can give the other side notice of what it is you may want to put in trial because the parties have to be prepared," Burks said. "Specifically, the defense has to be prepared to respond or rebut that information."

In effect, the filing functioned as a placeholder, preserving prosecutors' ability to ask the judge to admit the evidence later if they believed it became relevant during trial. Filing the notice did not mean the judge would allow jurors to hear it, nor did it mean prosecutors would ultimately decide to offer every allegation listed in the document. That also helps explain why Anthony's filing stretched to 75 pages.

Rule 404(b) generally prohibits prosecutors from introducing prior acts simply to argue a defendant has a bad character. But judges may admit that evidence for other purposes if it satisfies the rules of evidence. "When I was a prosecutor, I would put everything but the kitchen sink in the notice," Burks said. This practice ensures both sides are ready for whatever comes next without locking in every single piece of information for the jury to see.

If you fail to notify the other side about certain evidence, you lose the chance to use it later in court. That simple rule governed a recent filing that digs deep into Anthony's history back in Louisiana during his school days. The document lays out claims of constant fights, suspensions, threats, assaults and general misconduct. It even includes text messages where Anthony allegedly wrote, "When I get mad i see red," "When I get mad i blackout" and "When I get mad i cant control myself."

Jeff Metcalf, the father of the victim, spoke to Fox News contributor Donna Rotunno after reviewing the 75-page notice following the trial. He admitted he had no idea most of these allegations existed until he read the document himself. Metcalf said he was genuinely surprised by how broad the filing turned out to be. The prosecutors also attached photos and videos showing Anthony with what looked like firearms, alongside messages discussing shootings, robberies and narcotics.

Here is the catch: the notice itself does not prove those bad acts actually happened. Instead, prosecutors listed them as potential evidence they might ask a judge to admit at trial. They also warned that some screenshots only showed parts of much longer text conversations. Burks explained why this matters when a defendant claims self-defense. Prosecutors often try to show the jury that the accused started the fight, not the victim. This helps explain who was the first aggressor or what their intent really was under Rule 404(b).

"The prosecution can file a 404(b) notice to provide some information that can show that the defendant was, in fact, the first aggressor in the situation by showing information of previous aggressive acts," Burks said. "They can also use it to rebut a defensive theory." Anthony argued he stabbed Metcalf fatally during an altercation at a Frisco track meet simply because he was defending himself. Prosecutors filed this notice roughly a month before the trial began, keeping their option open to introduce dozens of prior acts if they became relevant later.

The Collin County jury did not buy his self-defense story. They convicted him of murder and sentenced him to 35 years in prison after hearing from more than 20 witnesses and watching surveillance video from the track meet. But whether jurors actually heard all that evidence is a different question entirely. A judge must first decide if each item fits the rules of evidence before it reaches the jury box. Burks noted that many people wrongly assume a long Rule 404(b) filing means every single allegation inside will end up in front of the jury.

"I think probably the biggest misconception people have about 404(b) is they think that because you've given the other side notice of it, that it's automatically going to come in," Burks said. "That is not what it means." Whether a jury ever hears about prior acts depends on what prosecutors ultimately want to introduce and how the judge rules. Fox News Digital tried to reach out to Anthony's attorney and the prosecutors' office for comment but did not get an immediate response.