Attorney Debunks Key Karmelo Anthony Filing Misconception in Track Meet Murder Case

A 75-page court filing outlining alleged threats, gun images and violent text messages involving convicted Texas killer Karmelo Anthony may initially look like a preview of the evidence prosecutors intended to present at trial.

However, a veteran Texas criminal defense attorney said that interpretation overlooks a key point: jurors were never guaranteed to see any of the material described in the filing.

News Outlet recently obtained the document, which prosecutors filed before Anthony’s murder trial under Texas Rule of Evidence 404(b).

The filing has gained renewed significance as Anthony seeks a new trial based on an alleged pretrial agreement concerning character evidence. Anthony maintains that confusion over the agreement influenced his decision not to testify, a claim prosecutors contest.

The notice lists dozens of alleged prior acts that prosecutors said they might seek to introduce. Among them are 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 pointed to text messages in which Anthony allegedly said he was “on the verge,” displayed firearms, issued violent threats and repeatedly talked about fighting.

The filing further alleges that Anthony discussed committing robberies, purchasing firearms and extended magazines, selling narcotics and threatening several people, including his then-girlfriend, in messages exchanged over multiple years. Prosecutors said some screenshots represented only excerpts from longer conversations and emphasized that the alleged prior acts were separate from the charged offense.

For some readers, the document may seem to provide a detailed outline of the prosecution’s case.

But that impression is incomplete.

Tiffany Burks, a partner at Texas law firm Varghese Summersett and a former prosecutor, said that is not how Rule 404(b) operates.

Burks said a Rule 404(b) notice does not establish that jurors will hear the evidence. Instead, it alerts the defense to evidence prosecutors may attempt to introduce, allowing attorneys time to investigate the allegations and prepare a response before trial.

When prosecutors believe evidence of prior alleged misconduct could become relevant, they must notify the defense before trial. That requirement gives defense attorneys a chance to examine the claims, develop a response and avoid being caught off guard in front of 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 practical terms, the filing served as a placeholder that preserved prosecutors’ ability to ask the judge to admit the evidence if it later became relevant during trial. Filing the notice neither guaranteed judicial approval nor meant prosecutors would ultimately present every allegation it contained to jurors.

That process also helps explain why Anthony’s filing ran 75 pages.

Rule 404(b) generally bars prosecutors from using prior acts solely to portray a defendant as a person of bad character. A judge may still allow such evidence for other purposes if it meets the requirements of the rules of evidence.

“When I was a prosecutor, I would put everything but the kitchen sink in the notice,” Burks said. “If you don’t give the other side notice of it, then you’re not going to be able to utilize it later.”

The filing reaches back to Anthony’s school years in Louisiana and includes allegations of repeated fights, school suspensions, threats, assaults and misconduct. It also cites text messages in which 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.”

After reviewing the filing following the trial, Metcalf’s father, Jeff Metcalf, said he had “no idea” many of the allegations existed until he read the 75-page notice. Speaking with Fox News contributor Donna Rotunno, Metcalf said he was surprised by the scope of the filing.

Prosecutors also included photographs and videos they said showed Anthony with what appeared to be firearms, along with messages discussing shootings, robberies and narcotics.

The notice itself, however, is not evidence that those alleged acts occurred.

Instead, prosecutors identified them as evidence they said they might ask the court to admit at trial. The filing also cautions that some of the screenshots reflect only portions of larger text conversations.

Burks said prior alleged conduct can become especially important when a defendant argues self-defense because prosecutors often try to show the defendant – not the alleged victim – was actually the first aggressor. Rather than trying to prove someone has a violent character, prosecutors may argue prior conduct helps explain who started the confrontation, intent or another issue permitted 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 acted in self-defense when he fatally stabbed Metcalf during an altercation at a Frisco track meet. Prosecutors filed the 404(b) notice roughly a month before trial, preserving the ability to ask the judge to admit dozens of alleged prior acts if they later became relevant during trial.

The Collin County jury ultimately rejected Anthony’s self-defense claim. Instead, the jury convicted him of murder and sentenced him to 35 years in prison after hearing testimony from more than 20 witnesses and reviewing surveillance video from the track meet.

Whether jurors ultimately hear that evidence, Burks said, is a separate question.

A judge must first decide whether each item is admissible under the rules of evidence before it can be presented in court.

Burks said many people mistakenly assume a lengthy Rule 404(b) filing means every allegation inside it will eventually be placed before a 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 jurors ever hear prior-act evidence depends on what prosecutors ultimately seek to introduce and what the judge decides to admit.

News Outlet reached out to Anthony’s attorney and the prosecutors’ office for comment.