Karmelo Anthony is back in a Collin County courtroom on Friday as a hearing on his bid for a new trial continues.
Anthony, who was convicted this summer of murdering 17-year-old Austin Metcalf at a track meet in 2025, is seeking a new trial following his conviction in June.
NBC 5 will live blog the hearing below:
Court concludes, decision from judge forthcoming
By Hannah Jones and Meredith Yeomans
After attorneys concluded closing arguments, the hearing concluded on Friday evening.
Judge Michael Chitty has until Monday to rule on the motion for a new trial.
4 HOURS AGO6:36 PM CDT
Russell Wilson gives defense closing argument
Defense attorney Russell Wilson began his closing argument by returning to the dispute over public access to Anthony’s original trial.
Wilson pulled up a paper тιтled “WALLER DECISION TREE” on the courtroom monitor and argued that restrictions on public access, including issues surrounding an overflow room, amounted to a clear violation of the standards established under Waller v.
Georgia.
That directly counters Robert Koehl’s argument for the state that the defense failed to object in time and therefore forfeited its public-trial claim.
The courtroom-access restrictions are among the issues Anthony has raised in seeking a new trial
Wilson directly challenged the state’s argument that the defense forfeited its public-access claim by failing to object during trial.
Wilson displayed a transcript on the courtroom monitor and argued that Judge John Roach’s question to the defense at the time addressed the media order, gag order and other consтιтutional issues, but did not specifically address Waller or the right to a public trial.
Wilson argued that any waiver under Waller would have to be specific.
Judge Michael Chitty questioned Wilson about the argument as the defense continued its closing.
4 HOURS AGO6:10 PM CDT
State gives closing arguments in new-trial hearing
By Sara Sanchez and Meredith Yeomans
Collin County prosecutor Robert Koehl focused first on the defense’s claim that restrictions during Karmelo Anthony’s murder trial violated his right to a public trial.
Citing case law and legal standards surrounding open-court claims, Koehl argued that Anthony’s defense did not object to the restrictions when they were imposed and therefore forfeited the issue.
Koehl said an objection came only later, after the defense had already forfeited the claim.
Koehl argued that because the defense failed to preserve the issue, the court does not need to reach the question of whether the restrictions violated the standards established in Waller v.
Georgia.
4 HOURS AGO5:47 PM CDT
Both sides rest; closing arguments begin
By Sara Sanchez and Meredith Yeomans
Both sides have rested in the hearing on Karmelo Anthony’s motion for a new trial.
Defense attorney Russell Wilson concluded his cross-examination of prosecutor Bill Wirskye, who was then excused from the witness stand.
The state also rested its case.
Judge Michael Chitty is giving each side 20 minutes for closing arguments.
The state began with appellate attorney Robert Koehl addressing the court on the legal issues surrounding courtroom access.
Chitty has until Monday to rule on Anthony’s motion for a new trial.
5 HOURS AGO5:44 PM CDT
Defense presses Wirskye on gag order, courtroom access.
By Meredith Yeomans and Sara Sanchez
Russell Wilson’s cross-examination of prosecutor Bill Wirskye moved to questions about the handling of the original trial, including the gag order and jury selection.
Wilson questioned Wirskye about an alleged social media violation involving the prosecution or Metcalf family and contrasted its handling with that of Derrick Jackson, who Wilson said had been threatened with contempt.
Wirskye testified that no one on the Metcalf family’s side came close to being held in contempt.
Wilson also questioned Wirskye about the prosecution’s decision to strike Black prospective jurors during jury selection, asking whether information prosecutors had about alleged racial animus by Austin Metcalf influenced those decisions.
Wirskye adamantly denied that it did.
5 HOURS AGO5:19 PM CDT
Judge notes approaching ᴅᴇᴀᴅline as defense begins cross-examination
By Sara Sanchez and Meredith Yeomans
Judge Michael Chitty noted the court is “ʙuттing up against a ᴅᴇᴀᴅline,” referencing a Monday ᴅᴇᴀᴅline to rule on Anthony’s motion for a new trial.
If the motion is not granted by that point, it is denied by operation of law.
Wilson said he would proceed expeditiously on cross-examination but emphasized that he needed clarification and answers to several questions.
Wilson focused on the disputed character-evidence agreement, including whether it should have been put in writing and whether Anthony waived his right to be present for pretrial discussions.
Wilson said he had asked Wirskye to put the gentleman’s agreement in writing during a meeting in Judge John Roach’s chambers, but said Wirskye called doing so a “fool’s errand.”
“It was reasonable for Toby Shook and Mike Howard to rely on what you said to them, correct?” Wilson asked.
“It was the only way the agreement was going to work,” Wirskye replied.
The questioning grew increasingly tense, with multiple objections. Judge Chitty at one point instructed Wirskye to answer Wilson’s questions directly.
The court continued despite the late hour. Closing arguments are expected after both sides finish presenting evidence.
6 HOURS AGO4:32 PM CDT
New sketches released from second day of retrial hearing
Pat Lopez
A sketch of defendant Karmelo Anthony during a hearing in Collin County, Friday, Aug. 21, 2026.
Pat Lopez
A sketch of defense attorney Toby Shook on the stand during a hearing in Collin County, Friday, Aug. 21, 2026.
6 HOURS AGO4:28 PM CDT
Prosecutors detail evidence they say was withheld under agreement
By Sara Sanchez and Meredith Yeomans
Mitchell displayed portions of Anthony’s Baton Rouge school records, including a disciplinary history dating back to 2013, when Anthony was around 6 or 7 years old.
Records shown in court referenced incidents including willful disobedience, classroom disruptions and altercations with other students.
Mitchell then displayed material prosecutors said was recovered from Anthony’s phone, including racist writing and messages discussing fighting, guns and violence.
Among the material shown were messages in which Anthony allegedly bragged about fighting, joked about shooting up a school, threatened violence against his girlfriend and discussed bringing weapons to school.
Prosecutors also displayed pH๏τos of Anthony appearing to hold a handgun and an October 2024 message attributed to him that read, “when i stab sb im gonna lick there blood off the blade.”
Another document shown in court said Anthony admitted attempting to bring a weapon into the State Fair of Texas
While reviewing the phone material, prosecutor Bill Wirskye testified, “there seemed to be an obsession with fighting when I looked at his phone.”
Wirskye said the state had the material ready to use during the punishment phase but “gave up a bunch” under the agreement over character evidence, and none of it went before the jury during the guilt-or-innocence phase.
Wirskye also told the court the case had deeply affected Collin County, calling it the kind of case that “takes away” a community’s innocence.
Defense attorney Russell Wilson objected to the narrative, but the judge overruled the objection.
7 HOURS AGO3:30 PM CDT
Prosecutor explains character-evidence rules at center of disputed agreement
By Sara Sanchez and Meredith Yeomans
Testimony turned to the prosecution’s understanding of the agreement over character trait evidence involving Karmelo Anthony and Austin Metcalf.
Wirskye testified that he did everything he could to avoid introducing character information about either Anthony or Metcalf to honor the “gentlemen’s agreement” between prosecutors and the defense.
Asked by Collin County Trial Bureau Chief Dewey Mitchell whether the state gave up testimony during the guilt-or-innocence phase because of that agreement, Wirskye said yes, adding that he “didn’t want to get anywhere close to the line.”
The testimony followed a discussion of the extensive discovery available to both sides, including phone downloads and school records.
Mitchell said understanding what information each side possessed was important to understanding the agreement now at issue in Anthony’s request for a new trial.
8 HOURS AGO2:38 PM CDT
Wirskye says security concerns limited pretrial meetings in Anthony case
By Meredith Yeomans and Dominga Gutierrez
Prosecutor Bill Wirskye testified that security concerns limited the number of pretrial meetings in the case.
Wirskye said prosecutor Lisa Braxton was brought onto the prosecution team to monitor concerns involving potential open-court issues.
Wirskye said he knew people were asking, “Why did he bring a knife to a track meet?”
He said he believed he knew the answer, but feared that if potentially inadmissible information became public during a formal pretrial meeting, it could harm the defendant and taint potential jurors.
Wirskye said Anthony was in a “really amped up state” and went to the track meet looking for a confrontation, knowing he was the only one with a knife and would win.
“It’s a really icky feeling going through a 17-year-old’s phone knowing he got murdered,” Wirskye said about reviewing Austin Metcalf’s phone.
8 HOURS AGO1:50 PM CDT
Court back in session after lunch break
By Dominga Gutierrez and Meredith Yeomans
Court is back in session as a hearing continues on Karmelo Anthony’s bid for a new trial.
Prosecutor Bill Wirskye is back on the stand, with Dewey Mitchell questioning.
10 HOURS AGO12:35 PM CDT
Wirskye says threats prompted efforts to protect teen witnesses & case files, court breaks for lunch
By Dominga Gutierrez and Maria Guerrero
Bill Wirskye said from the stand that the parents of teens who could testify filed protective orders to keep their children safe because of the level of threats.
Wirskye said Mike Howard initiated efforts to keep case files from public view.
He said both sides and the court became “trauma bonded” over threats and worked together to keep everyone safe.
The court is taking a break for lunch and will resume proceedings at 1:45 p.m.
11 HOURS AGO11:37 AM CDT
Judge allows prosecutor Bill Wirskye to testify over defense objection
By Maria Guerrero and Dominga Gutierrez
Prosecutor Dewey Mitchell called Bill Wirskye to the stand.
Defense attorney Russell Wilson objected to Wirskye testifying, arguing that he could not be “both advocate and witness.”
Wirskye said the defense had already been notified that the state’s entire legal team could testify.
After several exchanges between Wirskye and Wilson over Wirskye taking the stand, Judge Michael Chitty overruled Wilson’s objection.
Wirskye then took the stand and said he has handled about four death penalty cases and an estimated 300 jury trials. Some of his more high-profile cases involved the Texas 7 and the murder of Mark Hᴀsse, the Kaufman County ᴀssistant District Attorney gunned down in 2013. In the latter case, Wirskye and Toby Shook were both appointed special prosecutors.
11 HOURS AGO11:27 AM CDT
Court back in session after brief break after the defense rested
By Dominga Gutierrez
Court is back in session after a 15-minute break following the defense’s decision to rest its case in support of Karmelo Anthony’s motion for a new trial.
11 HOURS AGO11:15 AM CDT
Attorneys say ‘gentlemen’s agreements’ are ‘infrequent;’ Defense rests
By Maria Guerrero and Dominga Gutierrez
Prosecutor Bill Wirskye finished questioning Toby Shook, and defense attorney Russell Wilson began his redirect.
Wilson asked Shook how frequently “gentlemen’s agreements” are made. Shook replied, “Infrequent.”
Wilson then asked how often such agreements break down “like in this case.”
Shook responded, “They don’t break down; it’s rare.”
Shook then stepped down from the stand, and the defense rested its case in support of the motion for a new trial.
11 HOURS AGO11:13 AM CDT
Tense moments in the courtroom as testimony continues about Anthony’s testimony
By Dominga Gutierrez and Maria Guerrero
There were tense moments in the courtroom between lawyers, including prosecutor Bill Wirskye and defense attorney and friend Toby Shook.
Shook and Wirskye got into a heated exchange about Deal 1 and Deal 2.
Defense attorney Russell Wilson had to stop the tense exchange.
Wirskye said the prosecution knew the defense wanted Anthony to testify and that they wanted that to happen too.
He said they never discussed what that would look like and he was expecting the defense to come to them but that he wasn’t expecting that to happen at the last minute.
Judge Michael Chitty said Friday that he understood the back-and-forth between Shook and Wirskye to indicate that both sides thought the deal was still on until there was mention of Anthony testifying.
Wirskye said there were traps for both the prosecution and defense, where the agreement could have been violated, in having Anthony testify without knowing what it would look like beforehand.
Wirskye asked Shook if there were any disagreements about how the trial was conducted and Shook said the trial went as Judge Roach said it would and that there were no fights over the courts.
Wirskye then pᴀssed the witness.
11 HOURS AGO11:09 AM CDT
Karmelo Anthony retrial hearing continues debating ‘gentleman’s agreement’
Retired District Judge Michael Chitty will hear Anthony’s motion for a new trial. The hearing is underway right now.
11 HOURS AGO11:07 AM CDT
Shook says defense viewed Anthony’s testimony as key to self-defense claim
By Maria Guerrero and Dominga Gutierrez
Defense attorney Russell Wilson concluded his questioning of Toby Shook and turned him over to prosecutor Bill Wirskye.
As Wirskye approached, he and Shook expressed their mutual respect.
The pair have been longtime friends going back to the 1990s.
Wirskye told Shook, “I think you know, I like to cross-examine defendants, including murder cases.”
To which Shook replied, “I do.”
Wirskye then returned to the PowerPoint presentation, focusing on the word “probably” in a slide stating that a defendant would probably need to testify in a self-defense case.
He raised the possibility that a young, unsophisticated defendant might not be a good candidate to testify.
Wirskye asked whether there was ever an explicit discussion about Karmelo Anthony testifying. Shook said, “No.”
“As far as testifying a defendant, it’s always a game-time decision,” Wirskye said. Shook agreed.
“Our point of view was to get self-defense; our client had to testify,” Shook said.
He added that, in his experience, defendants testify in the vast majority of self-defense cases, so the defense considered it a given that Anthony would take the stand.
Wirskye said the trial had gone so well for the state that prosecutors could not imagine the defense putting Anthony on the stand.
When Wirskye asked whether he had ever explicitly said the “gentleman’s agreement” was off, Shook recalled Wirskye saying, “This is not part of this agreement.”
Shook said he took that to mean the agreement was off.
12 HOURS AGO10:33 AM CDT
Shook: Judge said he could not enforce ‘gentleman’s agreement’ in Anthony trial
By Dominga Gutierrez and Maria Guerrero
From the stand on Friday, defense attorney Toby Shook said that when Judge John Roach was asked about the “gentleman’s agreement,” he said he would not be able to enforce it because there was no mechanism to do so.
Shook said that during the sentencing phase, defense attorney Mike Howard was to tell prosecutors what he would ask Karmelo Anthony’s mom.
Russell Wilson asked Shook from the stand if it was fair to say that doing so detrimentally affected Anthony’s case and Shook agreed.
Shook said from the stand that Anthony felt in the end, “Bill’s just going to find a reason to open the door, no matter what I (Anthony) say.”
And that was Anthony’s fear, Shook said.
12 HOURS AGO10:22 AM CDT
Shook testifies defense hoped Karmelo Anthony’s testimony could lead to lesser charge
By Dominga Gutierrez and Maria Guerrero
Defense Attorney Russell Wilson shows Toby Shook a PowerPoint from a seminar on self-defense use of force taught by Bill Wirskye.
Wirskye’s 2018 slides show “Tips for the defense,” and one bullet point there was “the client (probably) needs to testify.”
Shook said the prosecutors were “shocked” that the defense wanted to call Karmelo Anthony to the stand.
Shook said, “At the time, I was very frustrated.
I got a little angry,” feeling that they were basically being “locked in” and couldn’t undo what was already done.
Shook said they still wanted Anthony to testify because they thought it was essential that the jury hear Anthony and judge him and his credibility.
Shook said he thought they would be able to get a lesser charge of ‘manslaughter,’ and it was especially important for Anthony to have testified.
12 HOURS AGO10:19 AM CDT
Shook details trial agreement, says Anthony’s testimony was ‘understood’
By Dominga Gutierrez and Maria Guerrero
Toby Shook says the in-person meeting on the “gentleman’s agreement” included both trial teams and the entire prosecution team.
Wilson asked if an agreement was reached at this meeting and Shook said not at that time and that it was a long meeting.
Shook said they were going back and forth on the teen witnesses under the tent and their first statements on the incident versus what they were going to say on the stand.
They agreed that the school trainer would only discuss what took place under the tent and would not discuss the character traits of Austin or Hunter Metcalf.
Shook said there was no mention of Karmelo Anthony testifying in their conversation.
Shook noted that, historically, self-defense cases almost always involve the defendant taking the stand.
Shook said that, although it wasn’t said aloud, it’s commonly understood that Anthony would testify. Shook thought it was “understood.”
Shook went on to say that he “did not expect, in talking to Bill Wirskye, that they were going to introduce Anthony’s words to police” or play police body cameras because prosecutors want to basically force the defendant to testify in person.
13 HOURS AGO9:35 AM CDT
‘Gentlemen’s agreement’ takes center stage in Anthony hearing
By Dominga Gutierrez and Maria Guerrero
Russell Willson goes straight into questioning about the so-called “gentlemen’s agreement.”
The stalking incident claimed by Anthony’s girlfriend was among the first things Toby Shook said he learned about from prosecutor Bill Wirskye.
After that phone call, Shook talked to Mike Howard on the defense team about the allegation of stalking and decided to keep the trial to just what took place under the tent.
13 HOURS AGO9:21 AM CDT
Toby Shook takes the stand in hearing for new trial
By Dominga Gutierrez and Maria Guerrero
Karmelo Anthony’s new attorney Russell Wilson calls Toby Shook to the stand.
Shook was part of the defense team for Anthony in his initial trial.
13 HOURS AGO9:16 AM CDT
Court back in session as Karmelo Anthony seeks new trial
By Maria Guerrero and Dominga Gutierrez
Court is back in session for a hearing on Karmelo Anthony’s motion for a new trial.
Anthony, who was convicted this summer of murdering 17-year-old Austin Metcalf at a track meet in 2025, is seeking a new trial following his conviction in June.
15 HOURS AGO6:46 AM CDT
Hearing on Karmelo Anthony’s motion for new trial in track meet stabbing continues
NBC 5’s Alanna Quillen is live outside the Collin County Courthouse ahead of day 2 of Karmelo Anthony’s request for a new trial.
Retired District Judge Michael Chitty is hearing the request. There’s already a crowd gathering in front of the courthouse.
16 HOURS AGO6:05 AM CDT
Crowd gathers outside courthouse for Karmelo Anthony’s new trial request hearing
NBC 5’s Alanna Quillen is live outside the Collin County Courthouse ahead of day 2 of Karmelo Anthony’s request for a new trial.
Retired District Judge Michael Chitty is hearing the request.
Retrial hearing focuses on pretrial “gentleman’s agreement”
During Thursday’s hearing, attorneys focused on what happened behind closed doors during Anthony’s original trial.
Defense attorney Mike Howard, who represented Anthony during his first trial, spent hours on the stand detailing how both sides agreed on what would and would not be presented to jurors.
That informal agreement kept bad character evidence about Anthony and Metcalf out of the trial.
For Anthony, that character evidence included prior violent thoughts and behavior, and his mindset before the track meet.
Proposed evidence about Austin Metcalf and his twin brother Hunter included allegations of bullying and racism.
According to Howard, the biggest dispute occurred when Anthony was about to testify during the original trial.
He said prosecutors took the position that the agreement did not cover Anthony if he took the stand, leading to a heated exchange in the judge’s chambers.
Anthony ultimately decided not to testify because he felt he “wasn’t going to get a fair shake.”
Retired District Judge Michael Chitty will continue hearing Anthony’s motion on Friday.
Chitty has until Monday to rule on the motion for a new trial.
During Friday’s hearing, Howard’s former co-counsel, Toby Shook, is expected to testify along with several other witnesses.
The hearing will resume at 9 a.m.
Trial judge recused
The retrial hearing began a day after a hearing to recuse Judge John Roach, who presided over Anthony’s June murder trial.
Appointed San Antonio Judge Sid Harle ruled that Roach should be recused from Anthony’s post-trial proceedings.
Anthony’s new defense team, led by Russell Wilson, sought to remove Roach from the case.
The defense cited Roach’s rulings limiting public access, as well as an interview in which Roach agreed the jury got it right and characterized Anthony as “a nice young man who committed a crime.”
Following Roach’s recusal, Austin Metcalf’s father, Jeff, spoke to NBC 5 about Anthony’s efforts to get a new trial.
“Let’s see what happens tomorrow,” Metcalf said.
“Let’s see if they’re still celebrating tomorrow, because if he’s still granted a new trial, he could get more years.”
Murder of Austin Metcalf
Frisco Police were called to Kuykendall Stadium at about 10 a.m. on April 2, 2025, after 17-year-old Karmelo Anthony stabbed 17-year-old Austin Metcalf in the chest during a confrontation in the stands.
According to witnesses, an argument began when Metcalf, a Memorial High School junior, told Anthony, a Centennial High School student, to move from underneath Memorial’s pop-up tent used during a downpour.
When he was told to leave, Anthony immediately opened his bag, reached in, and said to the victim, “Touch me and see what happens,” according to witnesses.
When Metcalf pushed Anthony, a witness said Anthony unexpectedly pulled a black knife from the bag, stabbed Metcalf in the chest, and ran away.
The death drew national attention in part because of social posts that amplified the case over race.
Anthony is Black, and Metcalf was white.
Anthony told police he was protecting himself during the confrontation, but prosecutor Bill Wirskye told jurors during opening remarks that it was a “senseless murder” and not a case of self-defense.
Austin Metcalf’s father, Jeff Metcalf, said his son didn’t know Anthony, and that Austin’s twin brother, Hunter, was nearby when the confrontation took place and not only saw his brother get stabbed but he tried to stop the bleeding.
Frisco Police said that despite lifesaving measures by police and fire personnel, including CPR and the administration of blood, Metcalf died in his twin’s arms.
Jeff Metcalf said his son had a 4.0 GPA, was the MVP of the football team, and had a bright future, including attending college.
Anthony admitted to stabbing Metcalf and claimed self-defense.
When an officer referred to Anthony as the ‘alleged suspect,’ Anthony reportedly responded, “I’m not alleged; I did it,” and asked whether the stabbing could be considered self-defense and if Metcalf was OK.
The incident took place at the 11-5A championship district track meet, which included more than 100 students from eight schools.
The district said that moments after the stabbing, the stadium was immediately secured, the meet was suspended, and all students were returned to their home campuses “with expediency.”