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No New Trial for Karmelo Anthony; 35-Year Sentence Stands

No New Trial for Karmelo Anthony; 35-Year Sentence Stands

“The Court has determined that the Motion should be denied. It is therefore considered, ordered… that the Motion for New Trial is denied.”

Karmelo Anthony will not get another trial.

Retired District Judge Michael Chitty denied Anthony’s motion Saturday, leaving his murder conviction and 35-year prison sentence in place. Chitty had until Monday to rule but issued his decision ahead of that deadline. 

The on-air report revealed more about the character evidence discussed during the new-trial hearing. It included allegations that Austin Metcalf had previously used racial slurs and bullied black classmates, along with violent text messages attributed to Anthony. One read:

“When I stab SB, I’m gonna lick their blood off the blade.”

Attorneys had reached a verbal agreement before the murder trial to keep character evidence involving both teenagers away from the jury. The report said the agreement was meant to avoid further inflaming a case already surrounded by racial tension, threats and protests. 

Users posted the signed one-page order on X.

Chitty wrote that he reviewed the motion, court record, evidence, arguments, briefs and relevant case law.

“The Court has determined that the Motion should be denied. It is therefore considered, ordered, and adjudged by the Court that the Motion for New Trial is denied.”

That was the entire explanation.

Anthony’s attorneys argued that courtroom restrictions violated his Sixth Amendment right to a public trial. They also challenged the jury instructions and claimed prosecutors failed to honor the unwritten agreement over character evidence. 

Former defense attorney Mike Howard acknowledged that the two sides never expressly agreed on whether Anthony’s testimony would be covered. He also said he could not accuse prosecutors of acting in bad faith.

Anthony was convicted in June of murdering 17-year-old Metcalf during a Frisco high school track meet. His direct appeal can continue. For now, the conviction stands and so do the 35 years.

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Comments

Conservative Beaner | August 22, 2026 at 8:30 pm

Let the gnashing of teeth begin.

After him throwing false gang signs I am surprised he is still on this side of the ground.

    healthguyfsu in reply to Tsquared. | August 23, 2026 at 12:06 am

    Prison is coming. He was only in jail I believe.

      The Gentle Grizzly in reply to healthguyfsu. | August 23, 2026 at 10:28 am

      From what I have heard in various commentary over at YouTube, the black gangs have a beef with his pretending to be a gang member, and he is not exactly on the White Aryan Resistance’s Welcome Wagon list.

Since a new judge stepped in (as an objective third party with no personal stake or prior comments on the case), Karmelo won’t be able to claim the hearing was rigged by a biased judge.

Any bets on whether he survives thirty-five years in prison?

    Hodge in reply to Rusty Bill. | August 23, 2026 at 8:43 am

    I have been thinking the same thing.

    Poor impulse control, a sassy mouth and a reputation as a guy who likes knife fighting. The odds of running into an inmate who decides to call him out get pretty high over a 35-year period.

    The Gentle Grizzly in reply to Rusty Bill. | August 23, 2026 at 10:29 am

    If granted credit for time served, he “only” has 17 years and about four months to go before eligible for parole.

at least he was given an appeal–metcalf had none

    Milhouse in reply to texansamurai. | August 23, 2026 at 1:35 am

    He can still appeal. This wasn’t an appeal, it was a motion in the same court for a new trial. He lost that, so now he can go to the appeals court. Not that he’s likely to get anywhere with it. He’s pounding the table.

      jqusnr in reply to Milhouse. | August 23, 2026 at 7:19 am

      he can appeal … however while that is going on … and on … and on
      he isn’t going to be sitting in a jail cell… he will be in a prison cell …

      Joe-dallas in reply to Milhouse. | August 23, 2026 at 4:36 pm

      The two strongest arguments on appeal appear to be
      A – Baston challenge and
      B – the gentlemen’s agreement.

      Addressing B – the gentlemen’s agreement. – Everything I have heard has been via social media , so you can credit what ever validity you want to the info. Supposedly, the victim used racial epitaths in the past while karmelo texted he was going to knife someone that morning. Obviously the defense wanted to keep the later out of evidence since that likely would lead to the max sentence.

      Addressing the Baston challenge. the prosecution struck on black male from the jury who had indicated he wouldnt convict a “bro” They also struck two black female teachers (high school teachers as I recall). The reason was that teachers are supposedly predisposed to be lax on criminals (ie a high percent of teachers tend to be woke) and thus very unlikely to vote guilty. Additionally this was a HS sports event. Judge Roach accepted that rationale. At the same time, a white teacher was selected to be on the jury , albeit different school system and an elementary school teacher.

      My guess is that the baston challenge is unlikely to survive through the texas court of criminal appeals.

      Once losing at the Texas court of Criminal appeals, the habus filing goes through either the ND of Texas and/or the CA5. Neither of which are going to be receptive of a baston challenge. Further the current makeup of the SC is unlikely to entertain a petition in a high profile case,

It would have been the absolute height of hilarious irony if he’d managed to get a new trial and then got the death penalty.

Seems like the DOJ might find something interesting examining the history of his lawyers.

Karmelo’s attorneys will come up with something else to try to get a new trial. One avenue will be that there were no black jurors; I have no idea what else they may try.

    One avenue will be that there were no black jurors; ….

    In the case of Batson v. Kentucky, the Supreme Court ruled that lack of black jurors, or the racial makeup of a jury is not a basis for a new trial.

    The reason for challenging the perspective jurors can be a basis of a new trial, but a jury with no blacks is not a reason for a new child.

    And besides, what people don’t realize is the the jury was not comprised of all white jurors.

    It included Asian, Indian, and Hispanic members.

      The Gentle Grizzly in reply to gitarcarver. | August 23, 2026 at 10:41 am

      <blockquote?And besides, what people don’t realize is the the jury was not comprised of all white jurors.

      It included Asian, Indian, and Hispanic members.

      To the people outside the courthouse chanting like parrots, that means the jury was “all white:.

The Gentle Grizzly | August 22, 2026 at 11:14 pm

The most badly hurt by this denial are his parents. They can’t start another godundme to support their lifestyle.

    Sure they can.

    But the claim that the original one went to fund their lifestyle and was not used for his defense turned out to be a lie. I don’t remember who started it but it just wasn’t true.

      gonzotx in reply to Milhouse. | August 23, 2026 at 7:27 am

      BS, as usual

      Alex deWynter in reply to Milhouse. | August 23, 2026 at 5:35 pm

      Minor quibble. The claim that his lawyer was from the public defender’s office was not true. His attorney was Mike Howard who, while having been a public defender in the past, was a private criminal defense attorney when he was hired by the Anthonys to defend their son. How much of the gofundme money went to him is unknown and probably unknowable for the foreseeable future. I believe his current attorneys are some of Ben Crump’s flying monkeys and working pro bono.

        Milhouse in reply to Alex deWynter. | August 24, 2026 at 1:18 am

        Yes, that claim was also not true. But I’m talking about the claim that was spread, including on this forum, that the family had taken the money from the gofundme and used it to buy a luxury car, move into luxury housing, and other lifestyle spending that had nothing to do with his defense. And that claim was just not true. It was a made-up libelous dirty lie. Gofundme confirmed at the time that not one penny had been paid out of the fund, for any purpose. All the money raised was still there, waiting to be used for his defense, which it eventually was. And here we have people who missed the memo repeating the false story months later. That’s just like claiming that Little Saint Trayvon was attacked, or that Mike “Gentle Giant” Browne was trying to surrender.

Aw. Too bad! But here’s a lovely parting gift!
🩹

From CBS News:

Graffiti incident, racial slurs

Austin Metcalf and his brother Hunter Metcalf were once caught spray painting graffiti, including “KKK kill all blacks” and “Heil Hitler,” along with the N-word, and were sentenced to 12 months of juvenile probation, court documents show.

Records reveal they reportedly told authorities, “we did some dumb stuff” and “we did some vandalism.”

There are several documented instances of Austin Metcalf using racial slurs in school, and in 2023, Austin Metcalf was accused of bullying a Black student in class.

Bullying and assault allegations

In 2018, according to court documents, while still in elementary school, Austin Metcalf and his brother were accused of bullying and assaulting a female, which led to Austin Metcalf’s arrest.

During an argument in 2024 with another female student, Austin Metcalf allegedly “knocked her to the ground and punched her in the stomach,” reports state, and he was also kicked out of a football game and later texted someone, “I was about to beat the (expletive) out of those kids.”

At a previous track meet, when another student alerted Austin Metcalf that someone not on their team “behind our bench was talking wild,” Austin Metcalf reportedly replied, “Kill that mf,” court documents state.

During the 2023-2024 school year, he received in-school suspension twice.

School disciplinary records from April 2022 to May 2024 reveal that he reportedly called a teacher the B-word, or used profanity and that he told a school official that “He couldn’t control it and wasn’t aware that it was coming out of his mouth.”

In 2024, on at least five occasions, records show, Austin Metcalf saw a counselor regarding his anger and rage during a football game.

In 2021, he was banned from attending basketball games for a season after yelling profanity at a player.

Court documents state that Austin Metcalf was also suspended after he and another student were talking about bringing a gun to school the following day.

source: https://www.cbsnews.com/texas/news/new-details-background-karmelo-anthony-retrial-hearing-08-20-2026/

Metcalf was portrayed in the media as being a nice kid, with no issues, blah blah blah.

Anthony’s record is just as bad with fighting, issues with guns, fighting with a teacher, threats to rob a home, threats of punching people indiscriminately, threatening an old girlfriend

Neither of these guys were “choir boys.”

They were thugs at best, criminals at worst,

With Anthony going away for 35 years, and Metcalf not here, there is a part of me that thinks that the world is a better place for both of these lowlifes not being in society anymore.

    DSHornet in reply to gitarcarver. | August 23, 2026 at 12:53 am

    Not relevant. Anthony still stabbed and killed Metcalf.

    Besides, who believes CBS News?
    .

      Paula in reply to DSHornet. | August 23, 2026 at 9:24 am

      The status of the victim has no bearing on a case. Even if you kill another killer inside a prison it is still unlawful homicide and you can be fully charged, prosecuted, and convicted of murder, regardless of the victim’s legal status.

        Milhouse in reply to Paula. | August 24, 2026 at 1:31 am

        The victim’s alleged propensity to racially inflammatory language is relevant to the likelihood that he provoked this attack.

          Joe-dallas in reply to Milhouse. | August 24, 2026 at 9:59 am

          Relevant and admissible ? Maybe yes maybe no. I would think that if the use of the inflammatory language was related to this incident , or a prior incident involving the same person, it would be relevant and admissible. If it was related to an incident[s] which the karmelo would not have knowledge of, it would not be relevant and thus inadmissible. In this case, there was apparently no indication that he used racial inflamatory language prior to the incident, and thus inadmissible.

          Relevant and admissible ? Maybe yes maybe no.

          One of the allegations against Metcalf was that he had previously attacked another person at a different event for sitting under his team event.

          That would seem to indicate that he had a propensity for the type of action he took with Anthony. Metcalf was bigger than Anthony, which could have meant that Anthony was afraid of Metcalf and therefore self defense comes into play.

          That is all speculation however as Anthony, in a supposed “gentleman’s agreement” between the prosecutors and the defense team, did not testify. If he had, his texts of wanting to stab someone that day would have come in front of the jury.

          The point of my post was not to say that Metcalf deserved to be stabbed or die. Or that Anthony was justified in stabbing Metcalf

          My point is that the narratives push by the media were lies. Metcalf was not the choir boy were we told, and Anthony was arguably much worse of a teen than we knew.

          We have to wonder why the media lied in this case (and others.) Is it to push a certain narrative for their world view? Is it to sell more papers and views?

          Or is it to keep us, as a nation, divided?

      Besides, who believes CBS News?

      People had no issue when CBS reported that Anthony attacked a peaceful, wonderful, Metcalf.

      Secondly, the statements on Metcalf are part of court filings. They are not part of some fake “investigative” reporting by CBS.

      Thirdly, the relevance is how we, the general public, were lied to about Metcalf and also Anthony. Neither of these guys were “good people” or poster boys for how teens / adults should be and should behave.

        Joe-dallas in reply to gitarcarver. | August 23, 2026 at 4:48 pm

        fwiw – There is a lot of commentary posted on social media (facebook) about the violence of Metcalf and the racial epitaths. Its hard to ascertain the credibility of social media commentary.

        One item to note in the CBS story, there are no links to the actual source documents ie actual school records.

        The CBS story doesnt even have links to the secondary source documents which would be the court filings.

        Failure to provide links to the source documents, doesnt give me confidence in a fair presentation of the facts. ( one sided view )

          Alex deWynter in reply to Joe-dallas. | August 23, 2026 at 5:53 pm

          Absent a court order, a leak, or Metcalf’s parents authorizing the release of his school disciplinary records (all of which are various degrees of ‘unlikely’), they will not be made public. See the Family Educational Rights and Privacy Act (FERPA). That doesn’t mean they do or don’t exist, just that they’re strictly confidential.

          One item to note in the CBS story, there are no links to the actual source documents ie actual school records.

          There are plenty of other sources that have the filings in which the allegations against Metcalf and additional information on Anthony being even more violent than was ever reported, are detailed.

          My post was not to try and say Metcalf deserved to be stabbed or deserved to die.

          My point – as I stated – was that the media and the sides tried to paint Metcalf and Anthony were nothing but choir boys.

          They weren’t.

          We all (or at least many) bought into a narrative pushed by the different parties that was not investigated by the media at all.

          “If it bleeds, it leads” is an old saying for the media.

          We were lied to by the media who often times seems to want racial strife, violence and blood to continue in order to sell papers or get viewers.

          That was my only point.

          We were lied to.

    healthguyfsu in reply to gitarcarver. | August 23, 2026 at 2:05 am

    I’d love to see a defamation lawsuit.

    Anthony had some hack lawyers with a bunch of flair and showmanship but no substance. It would not surprise me if this was disallowed because it wasn’t substantive. Nevermind that it’s also irrelevant.

    gonzotx in reply to gitarcarver. | August 23, 2026 at 7:26 am

    CBS. You are kidding , right?

    You nope they get their a$$’es sued off

      Would you prefer the Sun or Fox news that reported the same thing?

      Metcalf had a violent history. That is something that was not known before as he was presented to the world as some “peaceful, loving, great kid.”

      He wasn’t.

      At the same time, Anthony’s history and violent tendencies were not known to the extent they are now. His ex-girlfriend reported him to the school that day for making threats about the assistant principal.

      The public was lied to about both actors.

      That’s the point.

    isfoss in reply to gitarcarver. | August 23, 2026 at 9:24 am

    OK. Racial slurs and graffitti are not nice, but murdering someone IS a crime. Give it a rest.

      Give what a rest?

      Give the truth a rest?

      When this case broke, all we heard was how wonderful Metcalf was. He wasn’t. He had a criminal history. He even had an incident similar to this one where he attacked someone from sitting under his team’s tent.

      The point is the Metcalf was not the choir boy we were all led to believe.

      Anthony’s history was much worse than we were told. He had other incidents that were violent as well.

      These facts don’t excuse what happened that day, and don’t excuse Anthony’s guilt.

      The overreaching point is how the media lied to every one of us and how we latched onto their narrative – and continue to do so to this day.

E Howard Hunt | August 23, 2026 at 8:02 am

There’s no such thing as a bad boy.

There has to be some Commassar Judge who can resurrect this case? The laws be damned.