TX - Austin Metcalf - 17 - fatally stabbed at track meet, 2 April 2025

  • #821
Thankyou. I will try to follow this case. Things will move slowly for a while now. This is going to be a sad case moving forward. I am concerned about the defendant's family's comments so far. The young man is out on bail on a first degree murder charge. That is amazing.
Bbm.
Exactly. ^^^

Not many are afforded that type of privilege.
One would think he and his family would be appreciative, but somehow I don't get that drift ?
Imo.
 
  • #822
Bbm.
Exactly. ^^^

Not many are afforded that type of privilege.
One would think he and his family would be appreciative, but somehow I don't get that drift ?
Imo.
I’ve wondered what their well known attorney thinks about the “minister” being involved? I guess it’s not his decision or maybe there’s a strategy?
 
  • #823
Bbm.
Exactly. ^^^

Not many are afforded that type of privilege.
One would think he and his family would be appreciative, but somehow I don't get that drift ?
Imo.
They come off as though they feel entitled to it. If that were my son? I'd be mortified & heartbroken.
 
  • #824
I’ve wondered what their well known attorney thinks about the “minister” being involved? I guess it’s not his decision or maybe there’s a strategy?
that question had occurred to me as well. the minister is very much IMO about promotion of self, even before promotion of the idea of KA's innocence. His goals are very different (MOO) than that of the defense attorney.

I presume the defense attorney is one who knows his business and is focused on giving KA the best defense he can.

Will the minister's need for attention make things more difficult for the defense attorney? Only time will tell.
 
  • #825
They come off as though they feel entitled to it. If that were my son? I'd be mortified & heartbroken.

Yes. I am so sorry for Austin's family. I have been keeping track of the "Iskander Family", who lost two children to an impaired driver. It has been an ongoing heartbreaking journey for their family. The perpetrator, filed every appeal possible, so of course, the Iskander's feel like they have to be at the hearings to be the voice of their sons. It is keeps going. Even though Rebecca Grossman is in prison now, she and her attorneys continue the harassment.

So, it just never stops. For years.
 
  • #826
I wonder now that the Grand Jury has come back with charge of first degree murder, if his bail will be revoked? Do people even get bail with first degree murder charge?
 
  • #827
I believe that capital murder defendants are ineligible for bail period in Texas. But I don't think KA is being or can be charged with capital murder, which has very specific aggravating factors that bring a murder to that level. Those aggravating factors:

Under Texas Penal Code Section 19.02(b)(1), capital murder occurs when an individual commits murder and that murder meets additional criteria, including:
  • The victim is a firefighter or law enforcement officer.
  • The murder is a murder for hire.
  • The victim is under the age of 10.
  • The murder is committed by a person who is escaping or attempting to escape from a prison or jail.
  • The murder was committed during the commission of another felony offense.
  • An incarcerated person murders another person.
  • The murder involves more than one person
  • A person involved in service with the judiciary is murdered.
Texas Bail Reform Now Before the House for Consideration | TX.
 
  • #828
I wonder now that the Grand Jury has come back with charge of first degree murder, if his bail will be revoked? Do people even get bail with first degree murder charge?

TX provides for bail for murder with the exception to those charged with a capital offense. Post indictment, I don't think the defense should be surprised if the State recommends KA's bail be raised to the initial request at $1M. Having raised more than $500K, I don't think they can rely on a poverty claim. IMO, given his financial support by strangers, I think he's a flight risk.

 
  • #829
I believe that capital murder defendants are ineligible for bail period in Texas. But I don't think KA is being or can be charged with capital murder, which has very specific aggravating factors that bring a murder to that level. Those aggravating factors:

Under Texas Penal Code Section 19.02(b)(1), capital murder occurs when an individual commits murder and that murder meets additional criteria, including:
  • The murder was committed during the commission of another felony offense.
Hmmm..... I am thinking there is a chance that KA is going to get his bail money refunded and then be held with out bond (if the provisions pass, which they are likely to do).

Evidently, carrying a knife larger than 5 1/2 inches into a school is a felony offense in Texas. Thus KA can be said to have committed murder while committing another felony.

The no ex post facto laws provision of the Constitution might protect him. But that could depend on how the law is worded. Maybe something like:

- No bail can be granted to a person facing charges "C" (Anthony was given bail before the law change, so he is exempt the law change) - verse-

- Nobody charged with "C" can be free on bail. (Anthony would be in a status of "free on bail" after law passed, so he would not be protected).
 
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  • #830
I know KA having a knife @ school is confidential, but I’m really curious about what happened in that incident.
 
  • #831
Hmmm..... I am thinking there is a chance that KA is going to get his bail money refunded and then be held with out bond (if the provisions pass, which they are likely to do).

Evidently, carrying a knife larger than 5 1/2 inches into a school is a felony offense in Texas. Thus KA can be said to have committed murder while committing another felony.

The no ex post facto laws provision of the Constitution might protect him. But that could depend on how the law is worded. Maybe something like:

- No bail can be granted to a person facing charges "C" (Anthony was given bail before the law change, so he is exempt the law change) - verse-

- Nobody charged with "C" can be free on bail. (Anthony would be in a status of "free on bail" after law passed, so he would not be protected).
Intersting, so if his taking the knife to the track event (which did not happen at school but at another venue) could be construed under that theory maybe he could have his bail revoked.

But to my knowledge the state hasn't charged him with any of the special aggravating factors that might get him to capital murder. JMO.
 
  • #832
IMHO, there will be very little evidence that a jury would actually accept in regard to someone bringing a knife to a track event and stabbing someone because they got yelled at or pushed.

The premeditation of bringing a lethal sized knife to a track event held on school grounds is almost enough already to convict him. The other kid did not have a lethal weapon. No self-defense will work unless he was getting choked or continuously battered which he wasn't.. .not a single scratch on his face in his mug shot.
Reference Kyle Rittenhouse, OJ Simpson. Never can tell.
 
  • #833
Intersting, so if his taking the knife to the track event (which did not happen at school but at another venue) could be construed under that theory maybe he could have his bail revoked.

But to my knowledge the state hasn't charged him with any of the special aggravating factors that might get him to capital murder. JMO.
I may of been too narrow when I said "school". Rather, No drugs and No weapons types laws usually state "any school property".

In the end, my bet is that the prohibition of knives at school, and the concequences for violating it extend to all school property (stadiums, playing fields, parking lots, actual school buildings, field houses etc).

As for the lack of charges.....

I wonder if the state might not be obligated to pursue charges regarding the second felony. Rather, they may just need to identify that the circumstances are there?

One school of thought suggests that they would need to file charges regarding the knife to prove the second felony occurred, but maybe they just need to show evidence supporting it (ala "Here is the stadium, here is the knife?)
 
  • #834
Reference Kyle Rittenhouse, OJ Simpson. Never can tell.
Well said.

As a Race Horse Haynes, a famous Texas defense wizard once said: "Its all in the jury".

Haynes and his team would then obtain lists of all juror summons for that day. Then.... skillfully "deep dive" weeks in advance for potential jurors pre disposed to support certain defense arguments- or who would be pre disposed to follow the lead of a charismatic pro defense juror.

Next step..... Maneuver unceasingly to actually seat those pre selected jurors.

At trial, Haynes was said to have pulled of some amazing wins - or- grossly manipulative stunts depending on one's point of view.
 
  • #835
I know KA having a knife @ school is confidential, but I’m really curious about what happened in that incident.

I think Metcalf's stabbing was the result of escalating behavior by KA. Perhaps the alleged school incident was eerily similar: a threat by KA to another student of "touch me and see what happens" and the other student walked away from KA. (We learned at the bail hearing that the earlier altercation with KA did not involve police). Non-response saved both students. Unfortunately, the victim here (Metcalf) responded to the same by trying to show KA out of his school tent only to be fatally wounded by KA. JMO

___________________________

ETA: O/T-- A tale on what happens when teens with impaired impulse control have access to weapons.

I'm following another senseless, stabbing death by a 17-year old in CT that started over a case of Bud-light at a HS graduation party.

The defendant, also charged with first-degree murder, has twice turned down a plea offer to serve 40 years, and proceeded to trial 5 days ago.

This story begins when two uninvited teens carting a case of Bud-Light showed up at the party of a rival HS and were asked to leave-- without their beer, and the outsider suggested the rivals fight for the beer. A couple of punches were thrown, and the uninvited guests left the party with their beer.

The party rivals were known to each other and shared a "group basketball chat" with each other where the "beef" continued over chat messages. Through trial testimony, we learned It didn't take long for the outsiders to text the stabbing suspect and his posse the address of a 2nd party located about a mile away.

The defendant and friends drove to the 2nd party, initially trash-talking with each other from their vehicle until the suspect was sprayed in the face with WD-40, prompting him to get out of the car to face a crowd of 20+ partygoers.

After taking a few hits, the suspect allegedly walked back to his open vehicle and returned with a knife where he proceeded to fatally stab one, and injure two others.

By all accounts, the 17 yr-old victim (Jimmy McGrath) was trying to break up the brawling students when he was stabbed in his side, puncturing his heart. None of the stabbing victims were initially aware they'd been stabbed!

How can one call the actions to pull a knife during a drunken, teen brawl, self-defense?

And similar to KA, only the defendant had a knife during the fight. This was an evening of poor judgment that should have never resulted in the loss of life, period.

A friend, son, and brother was lost forever, and the defendant is facing spending his life in prison.

MOO
 
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  • #836
Willis’ office noted that 17-year-olds are considered adults in the Texas criminal justice system. If convicted, Anthony faces five to 99 years, or life, in prison, the office said.

Anthony’s attorney, Mike Howard, called the indictment an “expected and routine step in the legal process,” and said the teen “looks forward to his day in court.”

“It’s only in a trial that a jury would hear the full story, one that includes critical facts and context that the grand jury simply didn’t get to hear,” Howard said

Anthony’s mother, Kala Hayes, spoke out on the incident at a press event in April, saying the family has “been under attack.”

“Whatever you think what happened … my three younger children, my husband and I didn’t do anything to deserve to be threatened, harassed and lied about,” she said.
Wait, so @Seattle1 states KA’s defense attorney submitted a packet with evidence to the Grand Jury. So now that a 1st Degree Murder indictment was handed down - he now says “it’s only in a trial “ ….

Laughable!!! But I see what his strategy is going to be. Jury selection is going to be critical to his cause!! He’s going to try to get a hung jury, I can see it now.
 
  • #837
Intersting, so if his taking the knife to the track event (which did not happen at school but at another venue) could be construed under that theory maybe he could have his bail revoked.

But to my knowledge the state hasn't charged him with any of the special aggravating factors that might get him to capital murder. JMO.

Wasn’t the track meet on school property? School property encompasses all areas surrounding the school, parking lot, field area.
 
  • #838
@Seattle1 a fight over "Budlight"? Geez, they can't even give away that stuff in Montana.
 
  • #839
Now that the indictment is in place, the case will be assigned to a district judge who could overturn a controversial decision by a magistrate to reduce Anthony's bond from $1 million to $250,000.

'We don't know who the judge will be,' Alexander said. 'But any judge can make any decision they want. It's entirely up to them.'

In a widely criticized decision, Magistrate Judge Angela Tucker agreed to lower Anthony's bond to $250,000 on the condition he remain under house arrest and in the custody of his dad.

Under the conditions of the house arrest, the embattled teen must wear an electronic monitor and only leave the house with 'prior approval of the court,' according to public records.

'Defendant must be supervised by a parent or adult designee at all times. Defendant shall have no contact (direct or indirect) with the family of the alleged victim,' the court order states.

 
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  • #840
Referencing the bolded : Yes, 'ego' here is the key.
Smh.
This isn't all about YOU, Alexander !
Imo.

 
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