The 75-page filing detailing years of alleged threats, fights and disturbing messages involving convicted killer Karmelo Anthony was kept from jurors under a “gentleman’s agreement” between the prosecution and defense, but that doesn’t necessarily mean the evidence would have been used against him at trial.
Anthony, 19, was convicted in June of murdering 17-year-old Austin Metcalf after fatally stabbing him during an altercation at a Frisco, Texas, high school track meet in April 2025.
Before Anthony’s trial, prosecutors filed a lengthy notice detailing evidence they could potentially seek to introduce, including allegations that Anthony threatened other students, assaulted people and sent messages about guns, drugs and violence.
Collin County Jail; Instagram/Jeff Metcalf
However, Texas defense attorney and former prosecutor Tiffany Burks told Fox News on Monday, September 21, that there is a “big misconception” about what the filing actually means.
“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 explained. “Specifically, the defense has to be prepared to respond or rebut that information.”
This means prosecutors were notifying Anthony’s attorneys about evidence they could potentially try to introduce, not declaring that every allegation in the filing would be presented to the jury.
Burks, who isn’t involved in Anthony’s case, said prosecutors tend to include as much as possible in those notices because failing to disclose something ahead of time could prevent them from using it later.
“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 news comes as Anthony continues to fight his conviction.
“In reliance upon the agreement, the defense also did not go into substantial family violence Mr. Anthony had witnessed and been a victim of in his home,” defense filings obtained by the Daily Mail read.
However, the teen has maintained throughout the case that he stabbed Metcalf in self-defense. He was ultimately convicted of murder and sentenced to 35 years behind bars.