A 75-page court filing detailing alleged threats, gun photos and violent text messages tied to convicted 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).
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.
KARMELO ANTHONY PHOTOGRAPHED WITH GUNS AS DOCS REVEAL ALLEGED HISTORY OF RAGE, THREATS AND VIOLENCE
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.
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.
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.
KARMELO ANTHONY BLASTS JUDGE IN NEW FILING OVER HANDLING OF MURDER TRIAL
If prosecutors believe they may want to introduce evidence
