A court document detailing alleged threats, gun images, and aggressive text messages linked to Texas murderer Karmelo Anthony outlines evidence prosecutors may have used in trial. Yet, jurors were not guaranteed to see it. Fox News obtained the filing, submitted in advance of Anthony’s trial under Texas Rule of Evidence 404(b).
The 75-page filing describes prior acts prosecutors might introduce, including claims Anthony followed his ex-girlfriend and obsessed about knives before he stabbed 17-year-old Austin Metcalf at a school event in Frisco on April 2, 2025.
Prosecutors highlighted texts where Anthony discussed being ‘on the verge,’ pictured with guns, and making threats. He allegedly mentioned past robberies, firearms purchases, and threats against his girlfriend. However, these acts were separate from the charged crime.
To some, this filing seems to outline the prosecution’s case, but appearances may deceive.
“Filing a Rule 404(b) notice does not ensure the evidence reaches jurors,” explained Tiffany Burks, a Texas defense attorney and former prosecutor.
Prosecutors must notify the defense about potential prior bad acts before trial. This lets defense attorneys prepare and avoid surprise in court.
For instance, Anthony’s lengthy filing serves as a backup, allowing prosecutors to request the judge to admit evidence if relevant during the trial. Filing does not assure judge acceptance or prosecutor introduction of every allegation listed.
Rule 404(b) usually blocks prior acts to argue bad character unless relevant under evidence rules. Prosecutors may use past behavior to address incidents like who initiated an attack or other admissible issues.
Anthony claimed self-defense when he fatally stabbed Metcalf at a Frisco event. Prosecutors filed the 404(b) notification beforehand, reserving the option to introduce past acts if necessary.
Eventually, the jury dismissed Anthony’s self-defense claim, convicting him of murder and sentencing him to 35 years. They reviewed testimonies from 20 witnesses and saw event surveillance footage.
Burks stated, “Many wrongly believe a 404(b) filing means every part enters trial.” A judge must decide if evidence is admissible before presentation.
The decision to introduce prior acts rests on what prosecutors pursue and what the court permits.
Fox News contacted Anthony’s lawyer and prosecutors for comments.