Karmelo Anthony's former trial attorney told a Collin County judge Friday that Anthony's decision not to testify at his murder trial came down to one thing: he didn't trust the prosecutor to keep his word.

Toby Shook, one of Anthony's original defense lawyers, testified on the second day of a new-trial hearing at the Collin County Courthouse in McKinney that Anthony believed lead prosecutor Bill Wirskye would violate a verbal agreement to keep damaging character evidence away from jurors.

"It was essential that the jury hear Karmelo and hear his explanation," Shook testified, adding that a self-defense case requires a testifying defendant to be effective, according to KERA News.

Shook said Anthony told his lawyers he wouldn't take the stand because "Bill's just going to find a reason to open the door no matter what I say." Had Anthony testified, Shook said, the jury may have charged him with manslaughter, a lesser offense, rather than murder.

A Collin County jury convicted Anthony, now 19, of murder in June and sentenced him to 35 years in prison for the April 2, 2025, stabbing death of Austin Metcalf, 17, at a track meet at Kuykendall Stadium in Frisco.

The verbal agreement

At the center of the hearing is an unwritten deal between prosecutors and the original defense team to keep prior character evidence about both Anthony and Metcalf out of the trial. That evidence included Anthony's 75-page file documenting behavioral history and Metcalf's 20-plus-page record, which included a 12-month juvenile probation sentence tied to spray-painting racist and antisemitic graffiti, according to CBS News Texas and KERA News.

Wirskye testified Thursday that he proposed the agreement to focus the trial on what happened at the track meet. He said it was kept verbal because documents had been leaked early in the case.

But on the final day of trial, prosecutors told the defense the agreement would not apply if Anthony took the stand, arguing the defense had already "opened the door" to character evidence by mentioning Anthony played chess in opening statements, according to KERA News. That triggered a heated argument in chambers.

Trial attorney Mike Howard acknowledged under cross-examination Thursday that the lawyers never expressly agreed on whether a testifying defendant was covered by the arrangement. He said he could not say whether prosecutors acted in bad faith.

The Collin County District Attorney's office has maintained it acted ethically during the trial.

Judge denies new trial

Retired Kaufman County Judge Michael Chitty presided over the hearing after trial Judge John Roach was recused Aug. 18 for bias; a Bexar County judge found that Roach's post-verdict TV interview, in which he said the jury "got it right," failed the test of impartiality.

Under Texas law, a new-trial order must be signed within 75 days of judgment or the motion is automatically denied. Chitty did not wait for that deadline: he denied Anthony's motion for a new trial on Saturday, Aug. 22, upholding the murder conviction and 35-year sentence, according to CBS News Texas.

Collin County District Attorney Greg Willis said after the ruling that "the jury's guilty verdict stands, and we remain confident in the process." Defense attorney Russell Wilson said the team is "disappointed in today's ruling but not deterred" and plans to "continue the appeal in the Fifth Court of Appeals and pursue every legal remedy available."

Both the Anthony and Metcalf families attended both days of the hearing. Cameras were not allowed in the courtroom.

Jeff Metcalf, Austin's father, told NewsNation he was "disappointed, very disappointed" to see his son's juvenile record made public, but said the case is still about the facts: no matter the outcome, "my son's never coming home."