Karmelo Anthony new trial hearing: Both sides rest after testimony over ‘gentleman’s agreement’

COLLIN COUNTY, Texas - Both sides rested on Friday in Karmelo Anthony’s effort for a new murder trial, concluding a day of testimony focused on an informal agreement between attorneys, security concerns and the national spotlight centered on the courtroom.

Karmelo Anthony’s bid for a new murder trial

What we know:

19-year-old Anthony was convicted of murder in June and sentenced to 35 years in prison for fatally stabbing Austin Metcalf during a Frisco track meet.

His new defense attorneys argue Anthony’s rights were violated when former Collin County Judge John Roach held conferences that were not documented and pretrial hearings where Anthony was not present. 

They also contend the courtroom-access decisions during the trial violated Anthony’s Sixth Amendment right to a public trial.

Attorneys debate the ‘gentleman’s agreement’

What they're saying:

Former defense attorney Toby Shook, who was called as the defense’s first witness on Friday, testified about the so-called "gentleman’s agreement" between the original defense team and prosecutors to keep character evidence, involving both Anthony and Metcalf, out of the trial.

Shook said prosecutor Bill Wirskye first proposed the agreement, suggesting the case be tried based on what happened "under the tent," where the stabbing occurred. 

Shook also stated that the defense believed the agreement would allow Anthony to testify in support of his self-defense claim without opening a door for prosecutors to introduce evidence about a stalking allegation involving Anthony and his girlfriend.

The defense and prosecution teams met in person to discuss the agreement, including witnesses and what could be considered "opening the door." But Shook said there was no specific discussion about Anthony testifying, though he believed Anthony’s testimony was included in the agreement.

Former attorney says agreement affected Anthony’s self-defense case

Shook testified Anthony taking the stand was the "only effective way" for jurors to hear why Anthony believed he used deadly force. He said Anthony’s testimony could have supported a self-defense claim or possibly led to a conviction on the lesser charge of manslaughter.

Judge Roach said he could not enforce the informal agreement because there was no mechanism to do so, according to testimony.

Wirskye testified the agreement was intended to protect both sides from damaging character evidence entering the public record and potentially tainting the jury pool. He said the state gave up "a whole lot" through the agreement.

Prosecutors reveal evidence excluded from original Karmelo Anthony trial

Dig deeper:

Prosecutors then presented evidence from Anthony’s school disciplinary history and cellphone discovery that had not been introduced at trial because of the agreement. 

• More text messages shared in court include a shirtless selfie of Anthony holding a gun in 2024, other text messages from 2024 when he threatened to kill his girlfriend, more texts about drug use, robbing people, and a video of him pointing a gun at a house.
• It included a racist rant categorizing Black people, white people and Mexicans. These statements were made in his Apple notes in May 2023.
• There were also texts from 2021 where Anthony spoke about hitting a girl and punching her in the face. Other texts from 2021 suggested he had an "obsession with fighting," according to prosecutor Dewey Mitchell.
• Anthony allegedly threatened a 12-year-old boy in 2021 by saying he was "gonna go get a gun," and was suspended for three days.
• In 2023, he made jokes about shooting up a school. In a text message from 2023, he stated his intent to assault someone because they "looked at him weird." Anthony also bragged about coming back from suspension and, on the same day, getting into another fight and going back to detention.
• In 2024, he talked about removing the plates from his father's car to go commit crimes and talked about being armed with a weapon. There were pictures from 2024 that showed him armed with a rifle. In 2025, he talked about making a Glock pistol fully automatic, as well as using AK weapons.
• There were other texts showing violence against women or teachers. In 2024, he texted his girlfriend, "how many bullets you want coming out of your chest?"
• In September 2024, Anthony threatened to stab his girlfriend. A few weeks later, he told her "when I stab someone, I'm gonna lick the blood off the blade." That same month, he admitted to attempting to take a weapon to the State Fair of Texas.

Again, none of these details were introduced during the trial because of the "gentleman's agreement."

Defense attorney Russell Wilson and prosecutor Bill Wirskye continued to go back and forth about the "gentleman’s agreement," even getting argumentative at times. 

Wirskye said he’s made about 10 of these agreements in his legal career and they’ve all held.

Closing arguments focus on public access to courtroom

Appellate division prosecutor Robert Koehl went first in closing arguments for the state, where he talked about public accessibility to the courtroom.

He pointed out that the courtroom’s two dozen seats were full of members of the public, including members of the media who provided information to the public. He also said Anthony’s original defense team basically waived any complaint.

Wirskye followed for closing arguments.

"I don’t think there’s much more to say about this agreement," he said.

He encouraged the judge to look at the record, which he said captured what happened.

Wilson closed by showing a Waller flow chart to the court. He argued that switching from having an overflow room during jury selection to not having one during the trial triggered Waller.

Wilson also referenced Roach’s television interview, in which the former judge said he could have allowed audio in an overflow room but did not want bloggers, influencers and others to twist or use the audio. Wilson then argued no specific waiver was given or agreed upon on the record to close the overflow room.

Judge ruling on Karmelo Anthony’s motion

What's next:

Both sides have closed, and court is done. Judge Michael Chitty is expected to make a decision on Anthony’s motion for a new trial in the next few days.