Prosecutors revealed that a trove of disturbing text messages, including threats to "shoot the school up," were deliberately withheld from the jury during the murder trial of Karmelo Anthony. The decision to keep this evidence from the courtroom was part of a broader agreement designed to "keep things clean" between the defense and prosecution, according to statements made during a hearing to determine if Anthony, convicted of the murder of Austin Metcalf, will be granted a new trial.
During the hearing in Collin County, Texas, prosecutors presented a 2023 text message from Anthony stating, "imma shoot the school up tmr." Additional threatening texts and reports of Anthony stalking an ex-girlfriend were also apparently excluded from the trial proceedings. A photo of a knife sent to his ex-girlfriend, who had reportedly informed a vice principal of his stalking behavior hours before the fatal stabbing, was also kept from the jury. These details were reportedly shared by prosecutors with WFAA and other local outlets.
In exchange for prosecutors not presenting certain evidence against Anthony, the defense agreed not to introduce the victim Austin Metcalf's juvenile criminal history. This history included spray-painted racist graffiti, such as an upside-down cross, the N-word, "KKK," and "Heil Hitler." Photos and videos from Metcalf's phone reportedly showed a "pervasive picture of a racist outlook." Metcalf and his twin brother had received 12 months of probation for this incident.
Prosecutor Bill Wirskye stated he offered the agreement, aiming to "stay away from historical character and stick to the facts — what happened under the tent." Anthony's defense attorney, Russell Wilson, argued that this same agreement prevented Anthony from testifying and corrupted the June proceedings. Wilson, who is grilling Wirskye and Anthony's former attorneys about their professional relationship and the alleged unofficial dealings, claims the agreement constituted a "shadow docket."
Wirskye accused defense attorney Mike Howard of breaking the deal when he mentioned Anthony's grades and chess hobby in his opening arguments, which Howard claimed opened the door for questions about Anthony's personal life should he testify. This information was detailed in an affidavit obtained by The Dallas Morning News.
Anthony, a student-athlete from Frisco Centennial High School, was found guilty of first-degree murder and sentenced to 35 years in prison for the stabbing death of 17-year-old Austin Metcalf, a junior at Memorial High School in Frisco. The fatal confrontation reportedly escalated when Metcalf and others repeatedly asked Anthony to leave a track event where he was seated under the Memorial High School tent. Witnesses testified that the requests led to an escalating confrontation.
In a separate development, the judge who presided over Anthony's trial, Judge John Roach Jr., was removed from the appeal process on Wednesday after defense attorneys argued he should be recused due to a television interview in which he stated jurors "got it right." Retired District Court Judge Michael Chitty has been assigned to consider the motion for a new trial filed by Anthony's attorneys.