J.D. Miles

@jdmiles11

Closing arguments are 35 minutes each.

Prosecutor Bill Wirskye waived right to open so lead defense attorney Mike Howard is starting

“Austin Metcalf had no legal right to use force to eject Karmelo Anthony from that tent”

“He had no legal right to put his hands on Karmelo…Karmelo is in a public place”

“We ask you this incredibly tough task which is to follow the law”

“The government wants to make this case about Melo could have just left”

“You heard that a track event is a social event, it was completely common for kids to be milling about and go by and say hi, stop into the tent”

“We know that it was raining, i don’t know why we had to have this argument about whether it was raining”

“We know how Texas weather is, so it’s easy to think, boy i better get out of this rain”

He says a witness testified “we had no problem with him under the tent while it was raining”

“You have to put yourself in his (Karmelo’s) shoes, so you start under that tent, you want to get out of the rain”

“Sure enough one of the people at Memorial says, yea, come on over”

“Then all of the sudden Hunter Metcalf, or Austin say who are you? You need to leave?”

“These guys are much bigger than you, do you turn your back and walk away and take a chance that these teenage boys with their raging hormones”

“Austin and Hunter had the right to tell Melo to leave but they did have the right to use deadly force to make him leave”

“Melo had an absolute right to defend himself against that”

“How do you know in a split second of chaos when it’s too late”

“Because if you wait too late to defend yourself self defense is meaningless”

https://x.com/jdmiles11/status/2064360190439264647

(http://www.autoadmit.com/thread.php?thread_id=5872445&forum_id=2~#49925010)

That being said jury would have to be on edibles not to convict on murder one. Absolutely zero explanation why this guy pulled out a knife and used it. Fucking crazy.

Guilty on all counts.

(http://www.autoadmit.com/thread.php?thread_id=5872445&forum_id=2~#49925020)

not blaming them. they have a guilty client. a very guilty client.

(http://www.autoadmit.com/thread.php?thread_id=5872445&forum_id=2~#49925254)

“You have to put yourself in his (Karmelo’s) shoes, so you start under that tent, you want to get out of the rain”

(http://www.autoadmit.com/thread.php?thread_id=5872445&forum_id=2~#49925289)

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MaryAnn Martinez

@MaryAnnreports

BREAKING: MANSLAUGHTER is now on the table with Karmelo Anthony. The lawyers and judge in this case have agreed to include it in the charging document that jurors will consider today after closing arguments.

Manslaughter is a lesser charge than what he's charged with, MURDER. Manslaughter is when a person acts recklessly and takes an unjustifiable risk but did not INTEND to kill.

A murder charge carries 5-99 years in prison.

Manslaughter carries 2-20 years in prison.

#AustinMetcalf

https://x.com/MaryAnnreports/status/2064355974211592597

(http://www.autoadmit.com/thread.php?thread_id=5872445&forum_id=2~#49925012)

It's easy to say "go big or go home" when you're just a guy on the internet that wants to see him fry. But if you were the guy that gambled and lost and had to face the parents after a NG verdict you might feel differently.

(http://www.autoadmit.com/thread.php?thread_id=5872445&forum_id=2~#49925230)

Also it's not the judges role to question which charged the prosecutors indict and present to the jury. I understand it's probably been a while since you studied criminal procedure but cmon man lol.

(http://www.autoadmit.com/thread.php?thread_id=5872445&forum_id=2~#49925357)

please. there is a weak argument to make for manslaughter. juries are smart and retarded. don't take your chances that some jurors go durr durr we can't be positive he intended to kill...not guilty

you have to hope the jurors understand he did intend to kill...otherwise he would have not stabbed the guy in the chest. he had so many other options. he chose to kill the kid.

(http://www.autoadmit.com/thread.php?thread_id=5872445&forum_id=2~#49925265)

I still don't understand why this is noteworthy. It's a slamdunk and unlike Trayvon there isn't some mass uproar.

(http://www.autoadmit.com/thread.php?thread_id=5872445&forum_id=2~#49925667)

https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.19&artSec=19.02

(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

(http://www.autoadmit.com/thread.php?thread_id=5872445&forum_id=2~#49926104)

but he has to prove "sudden passion" albeit to a civil standard not BRD

what happens if the jury is split on the question of "sudden passion"?

(http://www.autoadmit.com/thread.php?thread_id=5872445&forum_id=2~#49926136)

This is basically just how Texas codified what other states would do with 1st and 2nd degree murder, i.e. that the murder was not premediated.

(http://www.autoadmit.com/thread.php?thread_id=5872445&forum_id=2~#49926152)

Wirskye says sudden passion is "directly caused by and arising out of provocation by the individual killed." He says that did not happen here.

He said that "adequate cause" does not apply here, meaning a cause that would commonly produce a degree of anger, rage, or resentment.

"This murder," said Wirskye. "This murderer, sudden passion does not apply ... Mercy to the guilty is cruelty to the innocent."

"Life sentences have already been handed down in this case," Wirskye said, talking about the impact to the Metcalf family. "Only a lengthy, lengthy prison sentence is appropriate here ...Your duty is clear. I beg you to do your duty this afternoon ... What you do here sends a message."

(http://www.autoadmit.com/thread.php?thread_id=5872445&forum_id=2~#49926158)