A 75-page court filing detailing alleged threats, gun photos, and violent text messages tied to convicted Texas killer Karmelo Anthony might appear to be a roadmap of evidence prosecutors intended to present at trial. However, a veteran Texas criminal defense attorney suggests that a key misconception surrounding the document is that jurors were never guaranteed to see any of it.
The filing, obtained by Fox News Digital and submitted before Anthony's murder trial under Texas Rule of Evidence 404(b), has gained renewed attention as Anthony seeks a new trial. He argues that confusion over a pretrial agreement concerning character evidence impacted his decision not to testify, a claim prosecutors dispute.
The notice catalogs dozens of alleged prior acts prosecutors stated they might 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 expressed violent sentiments, posed with firearms, made threats, and repeatedly discussed fighting.
The filing further details allegations of Anthony discussing robberies, purchasing firearms and extended magazines, selling narcotics, and threatening individuals, including his then-girlfriend, through text messages over several years. Prosecutors also presented screenshots they stated represent only portions of larger conversations, noting that these alleged prior acts were separate from the charged offense.
Tiffany Burks, a partner at Texas law firm Varghese Summersett and a former prosecutor, explained that filing a Rule 404(b) notice does not guarantee the evidence will be presented to jurors. Instead, it provides the defense with advance notice of evidence prosecutors may seek to introduce, allowing attorneys time to investigate and prepare a response before trial.
"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 essence, the filing served as a placeholder, preserving prosecutors' ability to request the judge admit the evidence later if it became relevant during the trial. The act of filing the notice did not mean the judge would allow jurors to hear the evidence, nor did it obligate prosecutors to present every allegation listed.
Rule 404(b) generally prohibits prosecutors from introducing prior acts solely to demonstrate a defendant's bad character. However, judges may admit such evidence for other purposes if it meets the rules of evidence. This can include establishing motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
"When I was a prosecutor, I would put everything but the kitchen sink in the notice," Burks commented. "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 extends back to Anthony's school years in Louisiana, listing allegations of repeated fights, school suspensions, threats, assaults, and misconduct. It also 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."
Prosecutors also included photographs and videos they claimed showed Anthony with apparent firearms, alongside messages discussing shootings, robberies, and narcotics. The notice itself, however, does not constitute proof that these alleged acts occurred.
Burks noted that evidence of prior alleged conduct can be particularly significant when a defendant claims self-defense, as prosecutors often aim to demonstrate that the defendant, rather than the alleged victim, was the initial aggressor. Instead of trying to prove a violent character, prosecutors might argue that prior conduct helps explain who initiated the confrontation, the defendant's intent, or other issues 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 explained. "They can also use it to rebut a defensive theory."
Anthony argued he acted in self-defense during the fatal stabbing of Metcalf at a Frisco track meet. The prosecution filed the 404(b) notice approximately one month before the trial, reserving the right to ask the judge to admit numerous alleged prior acts if they became relevant during the proceedings.
The Collin County jury ultimately rejected Anthony's self-defense claim. Instead, they convicted him of murder and sentenced him to 35 years in prison after hearing testimony from over 20 witnesses and reviewing surveillance video from the event.
Burks emphasized that whether jurors ultimately hear this evidence is a separate consideration. A judge must first determine if each piece of evidence is admissible under the rules of evidence before it can be presented in court.
"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 stated. "That is not what it means."
The admissibility of prior-act evidence hinges on what prosecutors ultimately seek to introduce and what the judge permits.
Fox News Digital reached out to Anthony's attorney and the prosecutors' office for comment.