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A 75-page court filing detailing alleged threats, gun photos and violent text messages tied to convicted Texas killer Karmelo Anthony appears at first glance to be a roadmap of evidence prosecutors planned to present at trial.
But a veteran Texas criminal defense attorney says one of the biggest misconceptions surrounding the document is that jurors were never guaranteed to see any of it.
Fox News Digital recently obtained the filing, which prosecutors submitted before Anthony’s murder trial under Texas Rule of Evidence 404(b).
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The filing has taken on renewed importance because Anthony’s bid for a new trial focuses on an alleged pretrial agreement governing character evidence. Anthony argues confusion over that agreement affected his decision not to testify, while prosecutors dispute that claim.
The notice catalogs dozens of alleged prior acts prosecutors said they may seek to introduce, including 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 said he was “on the verge,” posed with firearms, made violent threats and repeatedly discussed fighting.
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The filing also includes allegations that Anthony talked about committing robberies, buying firearms and extended magazines, selling narcotics and threatening multiple people, including his then-girlfriend, in text messages spanning several years. Prosecutors also cited screenshots they said represent only portions of larger conversations and noted the alleged prior acts were separate from the charged offense.
To some readers, the filing might appear to be a blueprint of the prosecution’s case.
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But appearances can be misleading.
Tiffany Burks, a partner at Texas law firm Varghese Summersett and a former prosecutor, said that’s not how Rule 404(b) works.
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Burks explained that filing a Rule 404(b) notice does not mean jurors will ultimately hear the evidence. Instead, it gives the defense advance notice of evidence prosecutors may seek to introduce so attorneys have time to investigate the allegations and prepare a response before trial.
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If prosecutors believe they may want to introduce evidence of prior alleged bad acts, they must notify the defense before trial so attorneys have an opportunity to investigate the allegations, prepare a response and avoid being surprised before 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.”
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In effect, the filing functioned as a placeholder, preserving prosecutors’ ability to ask the judge to admit the evidence later if they believed it became relevant during trial. Filing the notice did not mean the judge would allow jurors to hear it, nor did it mean prosecutors would ultimately decide to offer every allegation listed in the document.
That also helps explain why Anthony’s filing stretched to 75 pages.
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Rule 404(b) generally prohibits prosecutors from introducing prior acts simply to argue a defendant has a bad character. But judges may admit that evidence for other purposes if it satisfies 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.”
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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.
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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.”
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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.
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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.
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Whether jurors ultimately hear that evidence, Burks said, is a separate question.
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A judge must first decide whether each item is admissible under the rules of evidence before it can be presented in court.
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Burks said many people mistakenly assume a lengthy Rule 404(b) filing means every allegation inside it will eventually be placed before a jury.
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“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.”
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Whether jurors ever hear prior-act evidence depends on what prosecutors ultimately seek to introduce and what the judge decides to admit.
Fox News Digital reached out to Anthony’s attorney and the prosecutors’ office for comment.
