Karmelo Anthony SOBS: Guilty in Stab-Death of Austin Metcalf, 17 @ HS Track Meet

great grade star athlete, beloved twin brother.How does he end up stabbed dead?At a high school track meet, the suspect and the victim had never even met.There are about two dozen witnesses.This is a high school track meet, for Pete's sake.Is it true that a stand -your -ground defense is brewing?

Premeditation, the intent to kill, can be formed in the blink of an eye, the twinkling of a moment.

The family, devastated.

I cannot even imagine.A murder over what?

Justin Metcalf is a 17 -year -old straight -A student and football star at Frisco Memorial High School.But what is supposed to start out as an ordinary track meet ends in tragedy for the prodigious athlete.

Joining us tonight, Crime Stories investigative reporter Dave Mack.Dave, what's the latest?

The trial is over, the jury has spoken, and the sentence is in.It's an amazing time in the Carmelo Anthony case at this point.Joining us today, Randy Kessler, to talk about what took place after the jury verdict that determined Carmelo Anthony guilty.And in a shocking way to go, the jury only deliberated for three hours.This is an amazing thing when you think about the magnitude of this case.One of the things that was brought up in particular by Austin's dad, Austin Metcalf's dad said, this case is not about race.

It never has been about race.It's always been about teenagers in high school.And it was made into a race issue outside of that.All of the media covering this case from around the country and it's amazing now that as we go forward with this you break it down and it really does look liketwo high school students, athletes, that got into an argument over what was the place for one team, not for the other.It was a track meet.

There was rain.and Carmelo Anthony went into Austin Metcalf's team area.If you can remember back to high school, things were very important like that to students in high school.As you look at it as an adult, you're going, come on, you're really going to argue about this?Well, yeah, in high school, you do argue about that.And that's what this entire case was about in terms of what started the disagreement, what became the argument that ended in the death of Austin Metcalf.

The jury decides guilty after just three hours.Randy Kessler, attorney out of Atlanta, longtime part of Nancy Grace's show over the years.Randy, give me your ideas and thoughts about the jury verdict.Let's start with just the verdict of Carmelo Anthony.thousands of thoughts going through my mind, right?And you hit on a few times the fact that it was only three hours.

You know, sometimes it could take three hours to pick a four person.It could take three hours to figure out where the jurors want to sit while they're deliberating to come up with a verdict in three hours.on a murder case.Now, this isn't a shoplifting.This is something that's very serious.You want to make sure that our system, that the people think about it, take it seriously, which, you know, every time you talk to a jury after the case, it's amazing how seriously jurors take this, even though no one wants to be on a jury.

Once you're on it and you're sworn in, you see how serious the results are going to be and the consequences for the community and for the defendant.People take it seriously.Three hours, defense really didn't have much of a shot.When it goes three hours, you know that there's not a lot you could have done.This was going to be a guilty.Just a question of was it going to be one hour, two hours, three hours, or five or six.

As a defense lawyer, the more they deliberate, the more holes are being poked, the more questions are being asked.being asked, the more you are hopeful and optimistic.And if you can get them to deliberate overnight and go home and sleep on it and think, do I want to put somebody away for something I'm not sure they intended to do, that's better.When it comes back to three hours, your heart sinks as a defense lawyer.

When the jury gets their instructions from the judge and they go back to the deliberation room, the first thing they do is determine who's going to be the foreperson, right?Who's going to be in charge of the jury.Once they've decided that, and you mentioned sometimes that can take an extended period of time.I've never been in that situation, so I only know what I've been told.But once that jury foreperson is picked, do most juries immediately go ahead and, hey, let's get a vote out there and find out where we are?

Yeah, a lot of times you want to get a read on the jury.But again, there's no playbook for this.Nobody, you know, unless you've been a foreperson before and then you're only basing it on your one or two or three experiences, you know, you haven't read a book on how to be a foreperson.You know, that's definitely what we hear that people say, let's read the room.And what's interesting to me is, you know, and I teach a class on jury trials at Emory Law School and we get to watch the jury deliberate.The student's final exam is a trial and then you watch the jury deliberate.

And it's fascinating because after the trial, And you ask the jury, okay, so what do you think?It's like 12 people saw different trials.A lot of times it's like you go to a movie with a friend and you come out and you say, well, didn't you hate that guy?And you say, no, I like that guy.You know, they all pick up on different things.So sometimes just herding the cats and getting them to figure out where they're together and where they're apart can take time.

So it's really amazing.They seem to be on the same page or get on the same page pretty darn quickly.

One thing that I've seen when I hear of a three -hour jury deliberation, my first thought is they all sat through the same thing as you mentioned.You're going to be using your brain along the way, regardless of what instructions you're given about anything.All of us have a tendency to judge things as we go through and determining, am I hearing the truth or am I hearing a version of the truth?What am I hearing from this particular person?And once they're back there, it seems to me like you would have a pretty strong idea of what you think happened at that point.

Go ahead.Yeah, you would think that all 12 jurors would come to the same conclusion because they all heard the same thing.People hear things differently.They see and hear emphasis on things differently.Not only the evidence, but even the instructions from the judge they might hear differently.You know, there's those jokes about the people that see the sign out by the beach that says, no swimming allowed.

And someone else sees it as, no swimming allowed.You know, how you hear things, how you see things comes from your history.That's why jury selection is so important.Do people follow the rules?Is it somebody who's been through a situation like this, somebody who's going to empathize or sympathize with the defendant or the victim or the judge or the lawyers?You know, jury voir dire, picking the jury, should take a lot longer than it typically does.

So it's not surprising to me as a trial lawyer that when you get the juries into the room to deliberate, They don't always say, yeah, we all heard it the same way.I mean, we're not robots.That's why we have a jury system.If it was robotic, if it was AI, if it was artificial intelligence, there'd be calculations, check the box, guilty, period.

Now, in this particular case, was there any one thing in the trial that would have had the most impact later on with jurors?And again, only deliberating three hours, they probably all heard everything and made decisions along the way to point them in that direction and then getting together and agreeing.Was there any one thing at trial that actually proved the point of the prosecution?

You know, I think it's just a question of that situation.If they saw themselves in that situation, how would they act?and nobody wants to see it.I would have stabbed somebody and nobody would think oh I would expect to be stabbed that I mean that's it's just a set of facts and every lawyer I've seen comment on this and every show I've seen every report on it everyone seems to think it was predetermined that this was a hard hard hard case because you take your body of life and you come to the situation who could have thought of a different way that it could have been handled.Everybody, right?You don't walk into someone's tent, you don't start a fight, you don't, even if it was provoked, even if it was self -defense, stabbing someone in the heart because they were in your, you know, they wouldn't let you in their tent, it just, you know, it was a hard one and there wasn't, I don't think there's one factor, I don't think there is, the whole case was sort of an A plus B equals C, you know, he brought a knife to, you know, the joke is he brought a knife to a gunfight, he brought a knife to attract me, he brought a knife to practice, So there was some premeditation or some plan that he might have to use it.

And then he pulled it out and stabbed somebody.The only way to get around that would be to testify.And of course, that's always a risk.He didn't testify in his own defense.But when you say that it's self -defense, I was defending myself.I think the jury's got to see you and hear you and taste you and feel you and believe you that you really were fearful for your life and that you'd had no other choice.

It's hard to have a third party argue, oh, he was defending himself.That's why he stabbed him.That sounds like after the fact rationale.

It's exactly how it played out in court that it didn't work, the idea that it was self -defense.I made a point a minute ago that outside of the area where this took place in Texas, the race game has been played since day one.And yet, I remember Austin's dad in particular pointing out, it's never been about race.It is about high school athletes in an area.And if you can just remember back to high school and how important things were, you know, things in high school have a heightened importance in our lives.just because we don't have that history to go with to balance things out.

And, you know, that was this is an important part of life in high school.This is my area.You're not allowed in it.And yes, you brought a knife to attract me.You got to explain that.And it wasn't explained.

Now the jury came back with 35 years.35 years in prison and in the state of Texas, the prisoner has to spend at least half that time before they are eligible for parole.Is that correct?

Right.And it may not be half.It depends on what happens going forward.Is he a model prisoner?Is he a role model?do Bible study and help his fellow inmates, or does he get in trouble?

And then the parole board, and this is people we don't even know who's going to be on the parole board 15, 16, 17 years from now, look at it, and they decide at the time, not how bad was the crime so much, but what is he likely to do if we let him out of jail?Is he a model person?Is he going to get back into society?Are we going to give him a chance?And maybe that's why the jury only gave 35 years, to give him that shot.at redemption, that shot at getting back in.

He's a young man and hopefully there's good in all of us and hopefully there's some good in him that can come out of this and he ends up getting back into society is what the jury, I think, hoped for.Because if they thought there was absolutely no redeeming qualities, they would have thrown the proverbial book at him, life for 99 years.

Which is one that was an option.They could have gone that far, but opted for the 35 years.The prosecution wanted more.And many people felt like this case deserved a longer sentence.Of course, the defense and many others felt like it deserved less.I guess that's, again, one of those things that you can't determine what's going to happen in the future or what was going to happen.

through the guy's mind.When the, in this case, where the convicted doesn't take the stand and doesn't say for himself, I really did the wrong thing.I'm really sorry.I should have never done this X, Y, Z. Without having that to go on, does that impact the judge and the judge's ability to pass sentence?

Yes, and of course the jury is the one who sentenced them in this case, and we're all a composite of our history and our combined experience.Who are we to judge, right?And how do we know?And again, from the victim's point of view, There's no sentence that's harsh enough, right?From the victim's family point of view, there's no sentence that's harsh enough.Why does this guy get to go on living when their son didn't get to go on living, when their brother doesn't get to go on living?

On the other hand, if you're the state and you line up all the defendants that you've prosecuted, you have mass murders, you have people that have shot babies, you have people that have done stuff that absolutely deserve a harsher sentence.So is it on that spectrum or do you look at it case by case?It's a case by case situation.It depends on who was on the jury.How do they feel about these sentences?How do they feel about incarceration?

How do they feel about punishment?Do they identify with the victims because they have somebody who was a victim of violence?Do they identify with the defendant because they have somebody who was accused of being a criminal?I mean, it's just a combination of 12 people's shared experiences.And the result is, you know, it's like making sausage.You put it all in the hopper and it spits out 35 years.

That was probably some sort of compromise.I'm sure there were people on the jury that wanted it to be, excuse me, wanted it to be 100 years.I'm sure there's someone on the jury that thought 35 years was too much.This is the natural result of 12 people coming to a conclusion, and they did their conclusion, and they got out of the room, and they did their job.This is one of those unique cases where the lawyers probably had to prepare as much, if not more, for the sentencing phase as for the trial phase, because they knew there was a strong likelihood, you know when you're a lawyer, when do you have a winner or a loser in a case.and you don't always win the winners, you don't always lose the losers.

But generally speaking, if you know there's a strong likelihood that you're going to lose the guilt innocence phase, you've got to practice and prep for the sentencing phase.And in Texas, it's pretty quick.They turn around and do the sentencing right away.You don't have months like you do in some states to prepare and gather your witnesses.So they've had to prepare for the sentencing.and the guilt or innocence phase at the same time.

Hindsight's 20 -20.Hindsight says they should have 15 more witnesses testify as to what a likable person this was, and it had to be something that he's regretful and that he will turn it around and give him some time.I'm sure everybody's second -guessing it now on the defense side.But that's my only comment, is that what a heavy burden for the defense and their team to get ready for a guilt -innocence and to simultaneously be thinking, Well, how do I defend him if he's found guilty?Because you want to start off hoping he's not going to be found guilty.He won't have to get there.

But our job is to prepare for the worst.The worst was a guilty plea, I mean, a guilty verdict.And then you got to move into your next job, which is a whole other trial, pretty much, which might even be more important than the guilt or innocence, which is how much of a penalty is he going to pay?Tough position for the lawyers, tough position for the families.But of course, the victims are the ones we have to think about.And hopefully they're feeling like they got justice.

And his brother was holding him.trying to hold the blood in, and he passed my son, watched his brother die in his arms.

During a track meet between Memorial High School and Centennial High School in Frisco, Texas, a light rain begins to fall and athletes take cover under tents with their respective teams at Kuykendall Stadium.Memorial High School athlete Austin Metcalf finds Centennial High School athlete Carmelo Anthony under the Memorial High School tent and tells him he needs to move from under his team's tent.When Anthony refuses, words are exchanged and Anthonytells Metcalf, touch me and see what happens.

He first heard from the victim's father, that from our friends at Fox 4, joining us an all -star panel to make sense of a senseless and brutal stabbing.I cannot get the image out of my mind of this star athlete bleeding out dead.as his twin brother tried to stop the bleeding holding him in his arms.You know I've been to plenty of high school track events.My son has been involved in track from the get -go and I can't even imagine fatal stabbing over a seat in a tent.Straight out to special guest joining us, Katie Barber, senior digital content producer at MySanAntonio .

com.Katie, thank you for being with us.What do we believe happened that led up to the horrible stabbing death of this young star athlete, literally scrubbed in sunshine?And why did the suspect have a knife at a track meet?

It's really not clear why he had a knife at the track meet on April 2nd, but unfortunately he did.One witness told police they were sitting with Metcalf under their school tent when someone they didn't know now identified as Carmelo Anthony came over to them and he is allegedly grabbed the bag when he was confronted and reached inside and said touch me and see what happens.

Okay, wait, wait, wait, wait, wait, wait, hold on.Katie Barber joining me from MySanAntonio .com.Who said what?Who sat down where?Who said what?

And who said touch me and see what happens?Give me proper names.

One witness told an officer that they were sittingwith Metcalf under the school's tent when Carmelo Anthony came over to them while they were in the tent.The witness said Metcalf told Anthony to leave the tent.And when he did that, Anthony grabbed his bag, opened it, reached inside and said, touch me and see what happens.And then police said in their document that no one believed that he had a weapon at the time.

OK, if we have the facts correct, The suspect stabbed an unarmed teen boy, but yet I'm hearing that the suspect has walked free.I am also learning that it was urged in court that the suspect has no criminal history.He's a juvenile.Listen to this.

Anthony's father was question about an incident involving his son that happened at Carmelo's High School in February.The Daily Mail refers to the incident as an altercation assault, but as the situation was handled internally by the Frisco Independent School District, it is unclear if Anthony was the aggressor or merely a witness to the incident, or even what type of incident occurred.

And his brother was holding him trying to hold the blood in and he passed.My son watched his brother die in his arms.

That's from our friends at Fox 4 Dallas Fort Worth News.Okay, let me understand this.Straight out to trial lawyer Lisa Herrick, partner at Varjee Somerset and former juvenile prosecutor.Lisa, thank you for being with us.When I can't get a straight answer, that makes me think that there is subterfuge.So if the suspect, who is the admitted stabber of an unarmed teen at a police station,

track meet.When the stabbers camp is asked about an incident involving an assault at the school and I can't get a straight answer it tells me that that somebody is covering because if the suspect was just a witness to an assault or a good samaritan or the champion that's you know stopped the whole thing we would have heard that wouldn't we i mean they're trying to get bond they did get bond so what is this prior incident and does it concern you that when the suspect's father is questioned about this as he's urging his son's good character We don't get a straight answer.

Well, what I would want to know is were any criminal charges brought because of it and or was Carmelo suspended or expelled or did he have any sort of school disciplinary action as a result of it?Because if neither of those things are true, it does make me believe that he probably wasn't the aggressor.Criminal charges don't necessarily have to be brought due to a fight at school, but schools are very likely to have some sort of disciplinary action because of a fight at school, especially if it was one -sided, especially for a person who was an aggressor.

I mean, it disturbs me that someone is asking for a reduced bond to walk free after stabbing an unarmed teen dead and then not coming clean about what happened at a prior school incident.I mean, the father Carmelo Anthony's father was questioned about the incident involving his son at Anthony's high school.So why am I not getting a straight answer?Dave Mack, that changes everything.If there was a prior assault by Carmelo Anthony,on another think it think it through Dave Mack for Pete's sake this would be a similar transaction if it's true because Anthony would be attacking another high schooler I'd like to find out if that victim was armed or unarmed I'd like to find out if Anthony was armed or unarmed the extent of the attack did it rise to an aggravated assault with fists or feet I don't know Do we know anything or was that completely glossed over in the bond hearing?

We don't have an answer, right?

It was completely glossed over in the hearing, Nancy.The question was, what happened?And the answer was nothing.It was like a tap dance.We cannot find out any information because it was handled by the school district, by their own investigation.And that's the only thing we know.

Happened at school.I didn't want to say covered up.said they dealt with it a of it.Dad didn't volunte whatsoever about his son.as a dad, if my son was ac and in this particular cas have been screaming.Abso happened.

And I would tel right then.

I wouldn't ju I needed an umbrella to g able to see my son on th and blood all over him an him.

He wasn't breathing i Centennial High School's Carmelo Anthony reaches inside his bag, grabs a knife, and stabs Austin Metcalf in the chest underneath the Memorial High School pop -up tent, and then he runs away.As Metcalf's twin brother, Hunter, comes to his brother's aid, witnesses point out Anthony to a nearby middle school resource officer who chases the suspect down.

At first you were hearing Austin's father speaking to our friends at Fox 4.The family devastated.I cannot even imagine what it would be like for the father to see this much less the twin brother holding Austin in his arms trying to stop the blood I wouldn't have understood it if I didn't have twins of my own They're practically joined at the hip, and mine are boy -girl, much less boy -boy or girl -girl, that play all their sports together, that do everything together.Having your twin bleed out dead in your arms.Let me go straight out to a special guest joining us.Also, like Lisa Herrick, joining us from this jurisdiction, Dr. Kimball Crowns with us, Chief Medical Examiner, Tarrant County.

That's Fort Worth.Never like a business in that morgue.Esteemed lecturer at the Burnett School of Medicine at TCU, Texas Christian University, and launching a brand new podcast, Mayhem in the Morgue, April 14.Dr. Kendall Crowns, I know you've studied the case very carefully.Was there a way his twin brother could have saved Austin?

No, there wouldn't have been because the stab wound was in the heart.Unless he could be gotten to an emergency room like immediately, and they may have been able to save him, but more likely than not, he was going to die anyway.That type of injury to the heart, there's just really no coming back unless you're basically in the O .R.when you get stabbed.

Explain why.

Because it's your heart.It's, you know, it's all your blood's coming through there.It's all being pumped out.And then when you have now a hole in your heart, it's bleeding into your chest cavity and you have to close that hole up in the heart.So you'd have to crack the heart open.chest open, get in there and try and fix the heart.

And there's just so much blood loss because of the size of the hole, it's near impossible to save that individual.And just putting pressure on it at the scene, all that's gonna create is they're just gonna bleed into their chest cavity.

I'm just thinking about what you're saying, Dr. Kendall Crowns, because Katie Barber, Was Austin stabbed in the heart?

The arrest document states he was stabbed in the chest.

Interesting.I wonder how close to the heart he was stabbed.So, okay, Dr. Kittle and Crowns, let's digest that.Not stabbed in the heart, stabbed in the chest.Does that make a difference in your analysis?

So it depends on where exactly in the chest.You go up, if you're kind of in the midline or to the left, that's going to be the heart.You go up a little higher, it's the aorta, which is the main vessel coming off the heart.You're going to bleed out again in just a matter of minutes from that as well.There's no saving them at the scene.You go to a little to the side one way or another, you've punctured the chest, punctured the lung.

and that'll cause a collapsed lung.That causes a lot of hemorrhage.That one you may be able to save the person if you can get him to the hospital fast enough.But from all the information I've seen, it doesn't sound like he got stabbed in the chest, in the area of a lung.It's more probably centralized, hitting him in the heart.

So, Dr. Kendall -Crowns, if I were explaining this to a jury, I would take everything that you just said and paraphrase it in openings and closings and I would repeat it in practically every one of my questions that I ask you on the stand and of course a shortened way but you're saying there's no way twin brother Hunterhave saved Austin because even if hunter could have pushed down where Austin was bleeding and so it would look like to the naked eye that he had stopped the bleeding the bleeding would still be happening underneath the skin and the blood would then be pumping straight into the lungs so he would die on his own blood in his lungs.I mean, there was no way he could have saved him.Are you sure?Do you feel confident in that?

Yes, I feel very confident in that.If he puts his hand on his chest and he continues bleeding into his chest cavity, it's going to fill up his chest cavity and it's going to make it hard for him to breathe and he'll basically die from lack of oxygen.That actually takes longer from the descriptions I've read from the scene.He kind of dies in a matter of minutes.To me that sounds like a major vessel was hit or the heart and he was going to die no matter what was done.

17 -year -old Austin Metcalf is being held by his twin brother, Hunter, who is trying to stop the bleeding after 17 -year -old Carmelo Anthony allegedly stabs Austin in the chest, piercing his heart.First responders arrive and take over treatment of Austin as officers round up eyewitnesses to the event to find out what happened.Hunter Metcalf is so distraught he can barely speak to police, but officers locate about two dozen student athletes and four coaches who witness the stabbing and begin taking statements.

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A school resource officer is first on the scene and confronts Carmelo Anthony, telling the suspect to put his hands up in the air.Anthony tells the officer, I was protecting myself, claiming Metcalf, quote, put his hands on him.Anthony hears the officer saying he has the alleged stabbing suspect in custody.And Anthony replies, I'm not alleged.

I did it.Wow.I'm not alleged.I did it.Joining me now, in addition to our other guests, Barry Hutchinson, renowned law enforcement vet of 26 years, detective, now chief operator of Barry and Associates Investigative Services.Barry, thank you for being with us.

Did you hear what the suspect said?And I quote, I was protecting myself that Austin, quote, put his hands on me and that would be suspect.Carmelo Anthony.Austin put his hands on Carmelo Anthony.According to Anthony, Anthony hears the school resource officer say he has the alleged stabbing suspect and responds, I'm not alleged, I did it.

Yeah, that's a pretty damning utterance from an evidentiary value.And you know, He pretty much admitted to the crime by making that statement.

Okay, Barry.Barry, I know that.I just read you what he said.I'm asking you what the state is going to do to prove that and what the defense is going to do to try to get away from it.

Well, the witnesses are going to contradict what he says anyway.And, you know, there's 12 of those folks apparently or more, and they're going to make a statement that contradicts what he says.It's pretty much going to outweigh what he says the state's going to move forward with prosecution from that point.His defense is going to be that it's you know what he said originally that it was self -defense that he you know was in fear of his life which it's going to be awful hard to substantiate that as you addressed earlier without the threat of equal violence to substantiate him using deadly force.

That is from our friends at Fox 4 Dallas Fort Worth News.To Katie Barber joining me, MySanAntonio .com, what happened at the bond hearing?

His attorney was asked about the knife and he refused to answer a question about it.He said, he just said for unknown reasons, Carmelo brought the knife to the school.But, and the district attorney also acknowledged that it was for unknown reasons.So they're not prepared to go into that conversation.but it seems to be the most pressing comment or most pressing detail about the case right now.

Okay, who asked who about why the knife was brought to the track mate?

Howard's attorney was asked by the media after the hearing about this.And he just said it would be irresponsible for me or them to say, why he brought the knife, and they're asking the public to withhold justice.

Okay, so hold on, Katie Barber.Let me understand.I asked you what happened at the bond hearing, and you told me something that happened outside the bond hearing, but I want to follow up on that.You're telling me that Carmelo Anthony's lawyer was asked why Anthony brought a knife to the track meet.Do I have it right so far, Katie Barber?Yeah, he was asked why he brought the knife.

Right.Got it.Yes.Got it.I got it the first time.So hold on right there.

Lisa Herrick, veteran trial lawyer who has handled cases in juvie, juvenile justice.So the lawyer wouldn't answer why Anthony brought a knife to a track meet.Here's my question.I'm sure you're familiar with implicit intent to commit a crime, are you not?Yes.For instance, if I say, okay, Lisa Herrick, I've got a gun, it's loaded, and now I'm going to kill you.

Bam.That's explicit.It's stated and the law recognizes that.But there is also implicit intent.For instance, if I reach into my gym bag and take out a knife and shove it into your heart,I don't have to say, Lisa, now I'm going to stab you dead.

It's implicitly proven by my actions.I don't have to announce them.This is the problem Carmelo Anthony's lawyers are going to have.Implicit and explicit intent are equal in the eyes of Lady Justice.Under the law, they carry equal weight.Him bringing a knife and then using it to stab someone dead is implicit intent to commit a crime.

That's why the lawyer wouldn't answer that question, Lisa Herrick.

I think that's possibly why he wouldn't answer.I also would like to know what kind of knife it was.If we're talking about a large hunting knife, there's probably no reason why he should be carrying that.Maybe there is, and his attorneys just don't feel like disclosing that at this point.But if it's a small pocket knife or like a Swiss Army knife, maybe he carries that for other reasons.Maybe he just happened to have it in his backpack and used it for self -defense.

We don't know what kind of knife it was at this point, or at least I don't know.And I think that that makes a difference.I think that matters.

You know what?I think you're right, Lisa Herrick.I think you're absolutely right.If it's a pen knife or a folding knife, yeah, a lot of guys might carry those around.You're absolutely right.So the type of knife is going to be very important.

It's my understanding it's a fixed blade.I don't know that.In other words, not a knife that you fold out.It's a knife with a blade attached and it's not foldable.But we'll find out.That's a really good point.

You know, isn't it interesting, Lisa Herrick, how one small fact can change the terrain, the topography of a case?Because if he shows up like a knife, for instance, out of the Brian Koberger case, a fixed blade army knife, right, a military style knife with a sheath, that's much more menacing and much moreof an implicit threat to commit a crime as opposed to a foldable penknife.You're absolutely right.I want to get back to the bond hearing.I want to find out why the known, the admitted stabber of an unarmed boy at a track meet for Pete's sake, a high school track meet, has walked free.

Listen to this.

Just before his bond hearing, Carmelo Anthony's family retains Mike Howard, a Dallas criminal defense attorney.The change of attorney is announced by the Next Generation Action Network, a nonprofit that is supporting Carmelo Anthony.Howard represents Anthony in court as the defense seeks to have bond for Anthony lowered from $1 million to $150 ,000.

Prosecutors question Andrew Anthony, the father of the accused, why Carmelo Anthony should have his bond reduced when the family has already raised over $400 ,000 from a crowdfunding Lisa here, joining me, veteran trial lawyer in this jurisdiction.

Lisa, explain again in a nutshell.What is now emerging as the defense, and you know what, I haven't even gotten to these sick conspiracy theories that are multiplying, promulgating online, get to that in a moment, but I pray that Austin's parents have not seen what is being said online.It's total BS, technical legal term, but Lisa, in a nutshell, in regular people talk, do not throw a Latin phrase at me, Lisa Herrick, and I know that you can, Stand your ground.How in the hay is that gonna apply here?We normally think of it as let's just say Somebody tries to break in your house.You don't have to run you can shoot them right then and there if you're so disposed Standing your ground.

You're in a place.You're supposed to be you have authority to be there and no one can make you goNow, explain how that's going to work in a high school track tent.

Right.Stand your ground.We commonly use the phrase, no duty to retreat.So it Some places will, like some jurisdictions, will require that you attempt to remove yourself from the danger.That's not the case in Texas.In Texas, if you're presented with a threat, with a danger, you have the right to defend yourself and stand your ground means you don't have to try to leave the danger first.

Well, I'm reading the supplemental arrest report and the narrative is written by Officer Eduardo Cortez.Cortez states, suspect was on the track at the north end.There was a chain link that separated Officer Cortez from the suspect.Cortez gives the suspect instructions to keep his hands in the air.And at this time, suspect verbally said out loud, and this is considered a voluntary statement, quote, I was protecting myself.Cortez goes on to note he had not questioned the suspect about the incident.

but suspect blurted that out then stated while walking him off the track suspect states quote he put his hands on me.Katie Barber joining me senior digital content producer at MySanAntonio .com Katie my understanding from having read the police reports and the witness statements is that the suspect goes under the other side tent right the other schools tent at that point Austin says this is

your tent get out of here at that point at that point what does the suspect do police says that when he's told to move out of the tent that he grabbed his bag opened it and reached inside and this is when he tells Austin touch me and see what happens according to police so naturally Austin touched him Yeah, exactly.Police say that he proceeded to touch Carmelo and then Carmelo then postures and tells Anthony and tells Austin to punch him and see what happens.A short time later, police don't say how long.

But to your understanding, Katie Barber, were any punches thrown?Did Austin ever hit the suspect?

It hit, it doesn't say, it says he grabbed Anthony after that threat to tell him to move, but it doesn't, but police do not say, witnesses did not tell police that he was punched.But when he was grabbed by Austin is when he pulled out the knife and stabbed him once in the chest, is what police say a witness reported.

A police escort Carmelo Anthony to a squad car.Anthony says he put his hands on me. I told him not to.Anthony also asks officers if the victim was going to be OK and if what happened could be considered self -defense.Officers take evidence photos showing blood on Anthony's hands but don't find the knife on him.

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He said, I'm going to come over and see you this weekend.I said, OK, I look forward to it.He said, I love you, Dad.I said, I love you, too, son.Those were the last words I ever heard from him.

The father and the twin speaking to our friends at Dallas Morning News.What about the blood evidence in this case?With conflicting witness reports, with the suspect claiming self -defense and stand your ground, although no punches were seen thrown, that blood evidence becomes critical.Remember, it was raining.The track meet is outside.

Listen, As law enforcement and paramedics arrive on scene, the rain is falling harder.One officer moves the memorial tent over the victim and medics trying to save his life.And finding the bloody knife in the stands quickly takes photos of it before the rain could wash away all the blood.A blue tarp is used to cover the knife in an effort to preserve the evidence.And because it was so windy, the officer uses a nearby backpack to weigh down the tarp.He doesn't realize at the time the backpack belongs to suspect Carmelo Anthony.

photo no juries don't want just a photo they want dna deoxyribonucleic acid straight out to we're now in medical examiner .Kendall Crowns joining us from this jurisdiction of Texas.Dr. Kendall Crowns the murder what we believe to be the murder weapon a knife covered in blood had been thrown or obscured let me just say euphemistically and it was pouring rain.What's the likelihood that we can get DNA off that knife?Because The state needs the suspect's DNA and the victim's DNA off that knife.

Well, they should probably still be able to get DNA from it, unless it was scrubbed clean with a cleanser or a soap of something of that nature.There's probably still enough DNA on the handle and on the knife itself to be able to get a good DNA sample.Also, you have to figure, because of the contact between the two boys, there's probably a way of getting DNA from the victim as well.

Katie Barber, where exactly was the knife discovered?

It was discovered in the bleachers on the north side of the stadium, which is where...

Well, how the hay did it get in the bleachers, Katie?He ran off after the stabbing.

It didn't quite say a total direction, but he did run off, and it's presumed that he threw the knife when he ran off because he didn't have the weapon on him when he was detained.

Wait a minute right there, Katie Barber, MySanAntonio .com, to Dr. John De La Torre.If someone attacked me and I fought back, I wouldn't take off running and then hide the weapon.

Thoughts?Yeah, you wouldn't.But here's the thing is that if Anthony saw a bunch of other people, dozens of other people that were also around and in that tent, he might have felt overwhelmed.He might have felt scared.He could have done allof these things just as a matter of panic.

So he runs off knowing that he shouldn't have stabbed this person, but he did it anyway.He throws a knife away.He takes off thinking that he's going to get very far.There's all kinds of things that could be happening because it does not appear as though he intended to to go to that track meet with the specific purpose to kill Austin Metcalf.It does seem like things were going on underneath that tent that neither one of these two boys were prepared for.And both are now suffering the consequences with Austin having lost his life for some kind of nonsense.

Lisa Herrick, you see where this is going.The state is going to argue to a jury.He ran off and disposed of the weapon because he knew what he did was wrong, and then immediately began forming a defense in his mind and even asked law enforcement, hey, could that be self -defense?You think that's self -defense?

There are a couple of things that cut in favor of the self -defense argument, and those are that he did run away if he was scared and he um so he he stabs uh austin put her up scared isn't he if he was touch me and find out isn't he the one that said go on punch me just see what happens that doesn't sound scared to me i i don't disagree with you but getting into his mind for a moment and the argument that the defense is going to make right they have to come up with something do i have to get in his mind so if he'll say i was scared I stabbed him, I felt like the danger was subdued enough that I could now safely escape, then I can see how running away would cut in favor of self -defense.I can see what you're saying, how running away is a sign of guilt.

Okay, I don't even know what you just said happened.ever heard the phrase word salad?Because I just heard one.Okay, wait a minute.What did you say about the threat was subdued?You mean he stabbed Austin in the chest?

Is that what you're talking about?So if the threat is subdued, why run then?

Because there were plenty of other people around who were potentially new dangers, right?People who saw him stab Austin.

No, I don't know what you're saying.You're making that up like a good defense attorney.What other people presented a danger?Nobody.What is, are you serious?I mean, so he stabs Austin dead and then he what is in danger of what?

Retribution.People who want to hurt him now that Carmelo hurt their friend.

Okay, guys, she's spinning this out, Lisa Herrick.That's why she wins cases.She's spinning like Rumpelstiltskin.She's trying to take hay and spin it into gold.

Centennial High School's Carmelo Anthony reaches inside his bag, grabs a knife, and stabs Austin Metcalf in the chest underneath the Memorial High School pop -up tent, and then he runs away.As Metcalf's twin brother, Hunter, comes to his brother's aid, witnesses point out Anthony to a nearby middle school resource officer who chases the suspect down.

You were just saying Austin's twin brother and his mother with our friend at the Will Cain Show over on Fox.Joining me an all -star panel making sense of the fact that a stabber killed an unarmed high school track athlete.and has walked free.I've heard from the Bond hearing about how the stabber's family needs to quote survive.how they need more money in addition to the nearly half a million dollars they have raised online.But Dave Mack, I've heard very little about what the victim's family has endured on top of their son being murdered with his twin brother trying to stop the flow of blood.

In addition to that, we now know there have been attacks on the victim's family and the victim, Austin Metcalfe's mother's home was swatted.What happened?

Nancy, it's almost like a media blackout when it comes to the victim's family.At eight o 'clock at night, SWAT, they get a 911 phone call giving the address of Austin Metcalf's mother and saying somebody has been shot in the mouth and this person stays on the phone.for an extended period of time until SWAT can get out to the residence.They surround it.They build up a whole blue shield around the home.They're trying to get in touch with Austin's mother, Megan, and they can't get her on the phone.

Well, her phone isn't working right now.SWAT didn't know if she had been killed.They didn't know if there were people inside the house.They sent a drone.inside this house that has been swatted, Nancy, to go through every little thing.And, of course, they didn't find anybody in there and they were able to clear the home.

This is how this family is mourning, going through police, coming in thinking they're being held against their will and being trashed.

Okay, let me understand, Dave Mack.You're talking about Austin Metcalfe,the dead boy, his family, his mother's home was swatted.Someone calls police, an anonymous tipster, and says a victim has been shot in the mouth inside the home?

You have that 100 % correct.

You know, maybe I'm projecting, but I recall when my fiance was murdered, I couldn't even think straight.I could barely form words.I felt like just howling like an animal.And this is a mother, a mother whose son, a twin, has been stabbed dead, who bled out in the rain at a track meet.And someone swats her home.I don't understand Douglas Griffin joining me, senior police officer, president of the Houston Police Officers Union.

That's saying a lot.29 years on the gang task force.You've seen it all.Douglas Griffin, how is it that the victim's family has somehow become the bad guys in this scenario?

I really don't understand it.There's so many questions to this case that you sit there and look at it and go, how did this happen?You have an individual that goes to the wrong tent, not even his school.To me, it's almost like he intended to start something somewhere in there.Then on top of that, where are all the coaches and the teachers and the staff?These track events, they are There's people everywhere.

And for this to end up the way it did is is just a tragedy.And it should never have happened.And I'm still dumbfounded by the fact that he was able to get a knife into a school facility like that.And why would you have it in the first place.So there's a lot of questions here that we have to answer.We have to look at at the way the school is set up the way the tents were set up.

up and why it was so easy for him to to pull a knife from a bag and stab a student like that.

You know you brought up a really good point and I haven't thought this aspect through and that is why Douglas Griffin I would spend so much time with my investigator Ernest and go over and over all the facts.I guess I knew it but it's staring me straight in the face.He Carmelo Anthony, the stabber, the confessed stabber, if he hadn't confessed to it.And by the way, I believe it's been caught on video, which I'm getting to.He's not alleged.He confessed to it.

All right.He walks into the tent during a track meet, carrying his bag with a knife in it.He, it's very clear.I mean, we've all been to high school football games and track events.It was lightly raining.So they have a tent.

It's very clear whose tent is whose.There's the colors of the school on the tent.There's all the teammates from that school under the tent.They're all wearing their uniforms from that school.It may even have the school's name on the tent.So Carmelo Anthony, the stabber, walks into the tent with a concealed knife.

Why?Just as you said, why would you go into the other side's tent?with a knife if you were not looking for trouble.veteran juvenile attorney, partner at Vargi Somerset, former, this is important, former juvenile prosecutor.Lisa, thank you for being with us.Thank you, Nancy.

That's enough time to form premeditation right there.Now, I know that you defend juveniles after having been a juvenile prosecutor, but the reality is under the black and white letter of the law, okay, Premeditation, the intent to kill or the intent to commit any act, can be formed in the blink of an eye, the twinkling of a moment, the time it takes you to raise a gun and pull the trigger.The law does not require a long, drawn -out period for premeditation or planning mens rea, malice aforethought.For instance, a long, drawn -out period of poisoning someone every single day, just a tiny bit of arsenic, and then they die.It can be formed just like that.Why do I care?

Because premeditation or malice of forethought, mens rea, is a key factor, the critical ingredient in a murder one prosecution, isn't it?

Absolutely.Intent is one of the main elements of a murder or an assault, an aggravated assault with a deadly weapon that turns into a murder, because in Texas we have a number of different ways that murder can be committed or the language for murder can be alleged.One of which can be that you intend for a person to die, but another can be that your actions, your intentional or knowing actions, are such that a you would know that a person would die.So, stabbing someone in the heart, you would certainly know that a person would die if you stab someone in the heart.And that knowledge or that intent, like you said, can be forged in justice.

Okay, hold on.Lisa Herrick joining me, a veteran trial lawyer.Lisa, you're absolutely correct.And I've gota great example because what I speak to juries very often or really anybody and I can't tell I can't it state that this was my idea I got it from someone in the New Testament I like to give examples okay stories for instance if I take a gun and point it right over at my executive producer right here Jackie and pull the trigger and then say I just meant to scare her.I didn't mean to kill her.

The law presumes you intend the natural consequence of your act.You don't have to say, I will now kill you.Bam.The law presumes you intend the natural consequence of your act.So when you take the time to go to your duffel bag, your athletic bag, unzip it, get out a knife, and then stab someone and then we have the previous threat touch me touch me and see what's going to happen all of that adds together to make a premeditated murder case now you've not only prosecuted juvenile cases felonies which is a whole nother animal prosecuting in juvenile court juvie court versus big court uh What's your defense in this case, Lisa?What would your defense possibly be?

Is it true that a stand -your -ground defense is brewing?How can that percolate?That didn't happen.

A stand -your -ground defense is hard in this fact situation because a stand -your -ground law presumes that the victim is somewhere that they are not supposed to be.You're defending your space when Stand Your Ground law applies, and certainly Austin was in a place where he was allowed to be.Now, I think Carmelo probably was allowed to be where he was.as well.It's a public place, right?But in order to claim Stand Your Ground and in order to use that as your defense, you have to be defending your space.

And so I know Carmelo is saying that Austin put hands on him, but deadly force is self -defense theory that is supposed to be used, deadly force meets deadly force.Self -defense is not a legal mechanism.

Okay, put it back up.Lisa, again, you're absolutely correct regarding the letter of the law.I like to use this example.You can't slap me and then I shoot you down with an Uzi, okay?As for instance, I can't battle back against your fly swatter with a machine gun.So you said it, deadly force equals deadly force.

But here, isn't it true that Austin Metcalf was unarmed?So to introduce a deadly weapon, that's deadly force versus no force.

Correct.And even more so, Self -defense without a deadly weapon, regular self -defense, is not a justifiable defense to use against words alone.The law says that words are not sufficient provocation to use self -defense.

To Katie Barber, joining me, content producer at MySanAntonio .com, was the track event still ongoing?I take it that it was since so many guys were still under the tent?

At the time of the stabbing?It was a rain delay, so everybody had taken a beat and they were waiting for the rain delay to be over when the fight first began.

So, simply, that's a yes.The event was still ongoing.What does that mean to you?me?That means to me that there are going to be a lot of witnesses and everybody waiting for the rain delay to end.We're all huddled under that tent.

There was no way that Anthony did not know he was going in the wrong tent.No way with a knife.I just wanted to clarify that.It's not like the track meet was over and everybody was gone and the only one sitting under there was Austin Metcalf and that somehow he, Carmelo Anthony, didn't know where he was going.No, he went into the other side's tent with a knife.Okay, Dave Mack, you mentioned that Austin's mother's home was swatted with someone saying someone had been shot in the mouth.

in the home.So police swarm the place.What about threats on Austin's father?

He has been getting threats since this first began by text messages, by phone calls.Nancy, this grieving father had a person show up at his house banging on the door and he had to call police.He is under attack.online, everywhere you can imagine.And again, the scariest thing I can think of is somebody you don't know showing up at your address knowing who you are.And that happened to them.

I don't even know how you go to sleep at night knowing that people can find you and they're verbally violent towards you.

And you're the victim.I just don't understand how this has gotten so bass -ackwards.Neitheris the bad guy.Carmelo Anthony's family, not the bad guy.The victim's family, certainly not the bad guy.

So how has the victim's family turned into the scapegoat here.Why is the mom's house getting swatted?Why is the dad getting threats?People showing up, bamming on his door.They have put their son in the ground.They have been to his funeral.

I can't even imagine anything worse than that.I want you to listen to the dad, Jeff Metcalf with Fox 4.

him trying to hold the blood in and he passed.My son watched his brother die in his arms.

The father Jeff Metcalfe describing the moment his son Austin was stabbed dead at a high school track meet.That from our friends at Fox 4 Dallas Fort Worth News.If you know or think you know anything about the stabbing death of this young man Austin Metcalfe, Be it for the state or the defense, it doesn't matter.This is a procedure to seek the truth, regardless of what that truth is.If you know, or think you know, if you know of video, or if you have video or photos, please call the tip line 972 -292 -6000.Repeat, 972 -292 -6000.

We wait as justice unfolds.And now, we remember an American hero.Deputy Mark Anderson, Olmstead County Sheriff, Minnesota, passed away in the line of duty.11 years with law enforcement.Leaves behind grieving partner, Debra, and daughter, Samantha, American hero.Deputy Mark Anderson.

Thank you for being with us.Nancy Grace, signing off.I'll see you tomorrow night, six to nine o 'clock sharp Eastern, and until then, good night, friend.Hi, guys.Please join us on our mission to find missing people, especially children, to solve unsolved homicides.And if you're on the go, please join us on your favorite podcast app, where you can get all our content, where we, in our way, seek justice.