Retired judge Michael Chitty is overseeing the hearing, which will determine whether the Frisco teen gets a new trial.
By Jamie Landers, Staff Writer
Retired Judge Michael Chitty is reviewing Karmelo Anthony’s motion for a new trial in a hearing at the Collin County courthouse in McKinney. The proceedings, which were open to the public, began Thursday and concluded Friday evening.
Anthony was convicted of murder in June and sentenced to 35 years in prison for the fatal stabbing of Austin Metcalf at a high school track meet tent in Frisco. Anthony is Black; Metcalf was white.
Two motions — one for a recusal and another for a new trial — were filed, alongside a notice of appeal, shortly after sentencing.
The motion to retry the case spanned 63 pages and several allegations, including that prosecutors backed out of a “gentleman’s agreement” at the eleventh hour, derailing the defense team’s strategy. Anthony’s lead trial attorney said in an affidavit that the agreement barred both sides from mentioning details about Anthony and Metcalf’s character and past in front of the jury.
Defense: Issue is whether ‘gentleman’s agreement’ impacted Anthony’s right to testify
Karmelo Anthony’s defense attorney Russell Wilson, for his part, returned to the gentleman’s agreement in his closing argument.
He argued in his closing statement that the issue was not whether either side acted in bad faith, but whether the deal’s unraveling impacted Anthony’s right to testify — and whether it was reasonable for his defense to have relied on it all.
“Specific words matter in this instance,” Wilson said.
Wilson noted that the breakdown of the agreement — and the shouting match between lawyers that ensued — started in the courtroom in front of Anthony, who was “preparing to make the biggest decision of his life.”
“Nobody in their discussions with Anthony said we are entering an unenforceable agreement,” Wilson said. “That’s a problem. That’s not due process. That’s not fair.”
And after two days of testimony in the hearing, Wilson added, even the lawyers remained divided over what the agreement meant — and how it fell apart.
“Imagine him,” Wilson said, pointing to Anthony.
“I hear you,” Judge Michael Chitty replied.
Closing arguments ended at 6:23 p.m. Friday.
— Jamie Landers
Prosecution: Anthony’s trial was not improperly closed to public
For the state’s closing statement, Collin County prosecutor Robert Koehl addressed the defense’s argument under Waller v. Georgia that Karmelo Anthony’s trial was improperly closed to the public when the overflow room was revoked after jury selection.
Under Waller, a courtroom can be closed only if it can be justified by a specific, compelling need and narrowly tailored to address that need.
According to Koehl, what happened in Anthony’s trial didn’t come close to reaching Waller’s standard, noting about two dozen seats made available to the public were used, along with a handful of seats for reporters, who “give the information to the public.”
Collin County prosecutor Bill Wirskye then left the rest of the defense’s core issues without further argument.
“I don’t think there’s much more to say,” Wirskye said.
— Jamie Landers
Closing arguments begin
Closing arguments in the hearing were beginning shortly after 5:30 p.m. Friday. Each side had 20 minutes to present. Once they finish, court is expected to be adjourned and Judge Michael Chitty will begin reviewing the record.
Chitty has to make a decision on whether to grant a new trial by Monday.
— Jamie Landers
Tense exchange during cross-examination
Karmelo Anthony’s defense attorney Russell Wilson’s cross-examination of Collin County prosecutor Bill Wirskye was a tense and curt exchange, as Wilson stood and objected repeatedly for “non-responsive answers.”
Wirskye also pushed back on Wilson frequently, saying, “I can’t answer that question as it’s phrased,” and telling Wilson to be more specific. The state also objected to several of Wilson’s questions, telling the court Wirskye was being asked to answer for decisions he didn’t make.
At one point, Wirskye put his head in his hands, seemingly exasperated.
“I’m not trying to quibble with you,” Wirskye said.
“It seems like you are,” Wilson replied.
Wilson also pressed Wirskye on whether the state’s decision to strike Black prospective jurors was influenced by Metcalf’s alleged history of using racial slurs and “aggressive” behavior toward Black people.
“You would know, if a Black person got on a jury and heard that, they might have an issue with him that somebody else might not have,” Wilson said.
Wirskye rejected the suggestion, saying he was aware of Metcalf’s history but it did not factor into the state’s strikes.
“Absolutely not,” he said. “I don’t play identity politics.”
— Jamie Landers
Judge reminds court he has to rule by Monday
As defense attorney Russell Wilson stood about 4:30 p.m. Friday to begin his cross-examination of Collin County prosecutor Bill Wirskye, he asked Judge Michael Chitty how much time he had for questioning.
Chitty told Wilson he could have however long he needed to make his case. But, Chitty cautioned, that time would “infringe” on the judge’s ability to start his review of the record.
Chitty also reminded Wilson they were “bumping up against a deadline.” Texas law gives the court 75 days to rule on a motion for a new trial after the defendant is sentenced. If the court doesn’t act by then, the motion is automatically denied.
Anticipating the hearing would run into the evening Friday, Chitty said he would likely begin his review Saturday.
The deadline for his decision is Monday.
— Jamie Landers
Prosecutors: Anthony’s history, messages show ‘obsession with violence’
Prosecutors on Friday unveiled more details of Karmelo Anthony’s past, including his school disciplinary history and private messages they said were from Anthony, arguing they show a longstanding pattern of fighting, defiance and an “obsession with violence.”
Prosecutor Bill Wirskye said the records were not only relevant but “very powerful” for the case against Anthony, stating that had there been a traditional punishment hearing — without the limits of the gentleman’s agreement in place — the records would have led to a much harsher sentence.
“It would have been a death by a thousand cuts,” Wirskye said.
Prosecutors presented dozens of messages in court that they said showed Anthony’s desire to engage in and instigate fights. Among the messages, they said, Anthony wrote: “I pushed them to fight me but they didn’t want to,” “Imma do everything to get them to fight me’ and “when i get mad i cant control myself.”
Other messages referenced alleged plans to incite violence. “Imma shoot the school up tmr,” prosecutors said Anthony wrote in April 2023, followed by: “With my blick.” Blick is slang for gun.
Then, in June 2024, a text Mitchell said Anthony sent to his then-girlfriend, “how many bullets uu want coming out of ur chest”.
As the text messages were read to the court, Anthony vacillated between jotting down notes on a legal pad and leaning into the side of one of his lawyers, whispering in his ear.
Mike Ware, one of Anthony’s appellate attorneys, tried to object to prosecutors continuing with the records.
From the stand, Wirskye laughed.
“What are you laughing at?” Ware asked, standing. “What’s wrong with you?”
Judge Michael Chitty overruled the objection, stating prosecutors were doing exactly what the defense did Thursday, when defense attorney Russell Wilson walked through a list of more than 50 instances of alleged violent and racist behavior by Austin Metcalf and his twin brother.
The state also presented Anthony’s school disciplinary history from 2013 to 2017, when Anthony lived and attended school in Baton Rouge.
The entries included several mentions of “willful disobedience,” such as Anthony allegedly pushing and punching another student after being told to keep his hands to himself. Others cited incidents involving a flipped chair, thrown erasers, yelling and confrontations with teachers.
One teacher, according to the disciplinary records, described Anthony as “disrespectful, loud and uncooperative.”
Wirskye told the court that Anthony was about 6 or 7 years old when he was enrolled in a program at Louisiana State University for children who struggled with behavioral issues.
— Jamie Landers
Security challenges plagued trial, prosecutor says
After the defense rested its case, Collin County prosecutor Dewey Mitchell called fellow prosecutor Bill Wirskye to the stand, delving into the security challenges surrounding such a high-profile trial.
Wirskye acknowledged and agreed with the defense’s assertion that before Karmelo Anthony’s trial, there were very few status or other pretrial hearings. Those hearings, he said, would have required Anthony to appear in court, posing a significant threat to his safety. The case has attracted intense national attention and has sparked misinformation and racism on social media.
Wirskye explained both sides benefited from that approach, which kept character evidence sealed long before the gentleman’s agreement came into play. Even a hearing to determine whether extraneous offenses would be admissible in court would have been public record, Wirskye said — regardless of which way the judge ruled.
“It would have given fuel to the fire,” Wirskye said, “which was fully lit in Collin County.”
Both sides made sacrifices, Wirskye noted, pointing to one of the central questions surrounding the case since the day of the stabbing: Why did Anthony bring a knife to a track meet?
According to Wirskye, the state’s pretrial investigation offered an answer.
“He was in a really amped up state,” Wirskye told the court, describing Anthony as “looking for a confrontation” on the morning of the track meet. Wirskye said Anthony knew he would have a “significant advantage” by starting one at a school event, where he was sure to be the only person armed with a weapon.
“We gave up quite a bit when we gave that up,” Wirskye said.
Wirskye described the threat environment surrounding Anthony’s case as “unprecedented,” citing doxxing, harassment, swattings and death threats from around the world — all aimed at both sides.
The danger, he said, extended to potential witnesses and their families, leading some parents of subpoenaed students to file protective orders.
Wirskye testified that officials took several steps to limit public exposure of sensitive case information, including keeping a physical case file in the judge’s chambers rather than relying on a publicly updated docket online.
“The less that gets out, the better,” he said of his mindset then.
— Jamie Landers
Jan. 6 rioter Jake Lang attempted to return to Texas for hearing
Collin County prosecutor Bill Wirskye said conservative influencer Jake Lang, who is banned from Texas after he was accused of terroristic threats during Karmelo Anthony’s June trial, unsuccessfully requested a bond hearing Monday to return to Collin County for the post-trial hearings.
The request was denied, according to Wirskye, who called the Jan. 6 rioter a “right-wing, racist, neo-Nazi provocateur with a death wish.”
Lang, 31, did not immediately respond to a request for comment via X messages.
Back in June, the Florida resident faced a charge connected to one of his livestreams outside the Collin County courthouse, where he allegedly said he would deliver a “headshot” to Anthony if the jury did not convict him.
Lang was jailed and later released after posting a $250,000 bond. Judge John Roach Jr. ordered Lang to leave Texas with a GPS ankle monitor. He is currently barred from returning to the state, except for court or attorney meetings.
Wirskye also said Lang attempted to return to Texas on the day of Anthony’s verdict in June, when he was arrested at Dallas Love Field Airport.
— Sally Avila Edwards
Defense, prosecution clash over ‘gentleman’s agreement’
On cross-examination Friday, Collin County prosecutor Bill Wirskye and Karmelo Anthony’s defense lawyer Toby Shook clashed repeatedly as Shook maintained that the state and defense had fundamentally different understandings of what unfolded in the hours before Anthony decided not to testify in the June trial.
“Do you ever recall me saying the deal was off?” Wirskye asked.
“You said him testifying is not part of the agreement,” Shook replied. “That sounds to me like the deal is off.”
The exchange grew tense, with the lawyers talking over each other, prompting Chitty to intervene.
Wirskye asked Shook multiple times whether he would agree that the dispute was “an honest misunderstanding.” Shook evaded the assertion each time.
“Are you open to the fact that there was a miscommunication between the two sides?” Wirskye asked.
“I agree that you didn’t agree to my viewpoint,” Shook replied.
— Jamie Landers
Defense rests after Shook said Anthony’s rights impeded by handshake deal
The defense rested Friday morning after Toby Shook, who was second-chair on Karmelo Anthony’s defense team during trial, testified that the collapse of a pre-trial agreement between the prosecution and defense “detrimentally impacted” Anthony’s rights at trial.
Shook said he believed under the handshake deal, lawyers would litigate what happened under the tent the day of the stabbing without delving into Anthony or Metcalf’s pasts. In exchange, the defense believed Anthony could testify freely, without fear his history would be used against him.
The agreement was especially important, Shook told the court Friday, because Anthony’s testimony was central to the defense’s strategy. Self-defense, he explained, generally requires the jury to understand the defendant’s state of mind and perception of the threat.
Shook said the defense also expected Anthony’s testimony to give jurors a basis to consider a lesser charge and shorter sentence, as he felt the defense team was more likely to persuade jurors of manslaughter than self-defense.
But, Shook testified, his team’s ability to make either argument was “gutted” when he said the state reneged on the deal just before Anthony was set to take the stand.
Shook said Bill Wirskye, the Collin County prosecutor, told him that the defense had “opened the door” to bringing up character by referring to Anthony’s involvement in chess club in opening statements — and that the state had never contemplated a testifying defendant when entering into the agreement. Shook and Wirskye are longtime friends and former law partners who had never faced each other in court until Anthony’s trial.
Shook said he was stunned because the chess reference had been made days earlier and Wirskye had not raised the issue then. A “heated” disagreement ensued, spilling from the courtroom into chambers, where Shook said the lawyers yelled at one another before Judge John Roach Jr. intervened.
It not only destroyed confidence in the state honoring the agreement, Shook said, it instilled a resolute fear in Anthony.
“Bill’s just going to find a reason to open the door, no matter what I say,” Shook recalled Anthony saying, moments before he decided not to take the stand.
— Jamie Landers
Jeff Metcalf: ‘Very disappointed’ over sons’ alleged behavior
Austin Metcalf’s father, Jeff Metcalf, said in an interview on NewsNation’s CUOMO that he was “very disappointed” in his sons’ behavior after hearing allegations made in court Thursday that they engaged in racist and aggressive acts — some of which he said he learned of for the first time that day.
“I’m just very disappointed in what I saw from my sons,” he said.
During the Thursday night interview, Metcalf said he had dealt with “some of the incidents” at home, but that some of the information came as a surprise. Karmelo Anthony’s trial defense lawyer, Mike Howard, reviewed a document at the hearing Thursday that detailed allegations that Austin Metcalf and his twin brother engaged in racist graffiti, bullying, and violent outbursts.
Still, Jeff Metcalf said he does not believe the allegations change the facts of the case.
“Whatever happened four, five, six years ago had nothing to do with what happened that day,” Metcalf said, referring to the day of the fatal stabbing at the Frisco track meet tent.
The details about the alleged behavior were kept out of the June trial thanks to an informal “gentleman’s agreement” between the defense and prosecution — a deal Metcalf said he didn’t know existed until after the trial.
“I wasn’t privy — I didn’t know it went down,” he said, though he agreed that details about both teens’ characters were not relevant to the murder trial.
“It made sense,” he said, “because really what we’re looking at is what happened that day underneath the tent.”
— Sally Avila Edwards
Anthony’s defense lawyer takes the stand
Karmelo Anthony’s legal team called Toby Shook, one of the teen’s trial lawyers, to take the stand. Shook previously worked closely with Bill Wirskye, the lead prosecutor on the case, who was also in court Friday.
While Shook did not file an affidavit before the trial began like Mike Howard, Anthony’s trial attorney who testified Thursday, Howard’s statements indicate the lawyer was also privy to details about the informal “gentleman’s agreement” that is at the center of the hearing for a new trial.
— Jamie Landers
Anthony appears in the courtroom
Karmelo Anthony was seated in the courtroom Friday, wearing a cream-colored suit, white button-down shirt and light yellow tie. Judge Michael Chitty granted a request to remove the restraints that secured Anthony’s wrists to a chain around his waist; he remained shackled at the ankles.
— Jamie Landers
Supporters gather outside courthouse
Only a handful of media and an even smaller number of supporters were outside the courthouse Friday morning. People set up lawn chairs and coolers in the shade as they waited for any potential decision.
The day before, people lined up outside the courthouse in purple shirts — Anthony’s favorite color — in hopes of being able to observe the hearing, but there were no such lines Friday.
— Nicole Asbury
Hearing continues Friday
After a full day of court Thursday, testimony is expected to continue Friday at 9 a.m. The day is set to begin with Shook, Anthony’s trial attorney, taking the stand. Chitty has until Monday to rule on whether Anthony should have a new trial; under Texas law, if he doesn’t, the motion will automatically be denied.
Staff writer Nicole Asbury contributed to this report.
Senior Breaking News Reporter
Jamie Landers is the senior breaking news reporter at The Dallas Morning News, where she covers crime, courts and capital punishment. She is a graduate of The Walter Cronkite School of Journalism and Mass Communication in Phoenix, where she studied journalism and political science. Jamie previously reported for The Arizona Republic and Arizona PBS.
