Verdict Reached in the Karmelo Anthony Case (Update: Guilty of Murder)

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That was quick. I said earlier that we'd have a verdict by 3 pm local time. It's only 2 pm local time and it sounds like we have a verdict. As I write this it hasn't been revealed yet, but this can't be good news for Karmelo Anthony.

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The jury got the case at 10:50 local time. So it has been just over 3 hours. Presumably that might have also included a lunch break but maybe not. Either way, this is a very quick verdict. 

Outside, police are prepared in case reactions to the verdict get out of hand.

An aerial view of the courthouse.

I know the supporters outside the courthouse believe Anthony is innocent. Hard to believe these views are widespread though. I think what we're seeing here is a fringe. But I guess we'll find out after the verdict is announced. Will there be BLM style protests/riots in some cities tonight?

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The families are awaiting the decision. Hunter is Austin's twin brother who was holding on to him as he died.

And there it is. The jury found him guilty of murder.

Next up is sentencing. The same jury will decide Anthony's fate but it sounds like the defense will get another chance to reduce the charges.

The same jury will now decide Karmelo Anthony’s sentence. Texas law says a murder conviction is punishable by five to 99 years in state prison.

During the sentencing phase, the defense can argue that the murder was committed under the immediate influence of "sudden passion." Prosecutor Dewey Mitchell explained during voir dire that sudden passion is "a situation when someone is in such a state of emotion, based on something that just happened, that they don't have time to cool off." If the jury agrees, the charge is reduced to a second-degree felony, which lowers the punishment range to 2 to 20 years in prison.

He's going away for a long, long time.

Wow:

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I think the most remarkable thing about this trial is that there was this much tension given how blatantly obvious and one-sided the evidence was. Anthony admitted guilt moments after the murder. The only question was whether he could claim self-defense and there was zero evidence to support that. And yet, you have protesters outside who act as if this is a miscarriage of justice. It's not at all. This is exactly the outcome everyone of any race should have expected all along.

But as is often the case these days, the demand for racism exceeds the supply and you get nutcases like these people.

This is war? If some white supremacists had said that it would be national news. This is no better.

Meanwhile, Anthony is back and sentencing is moving forward. I'm not familiar with the rules in Texas but this is apparently how things normally work. After a conviction you move on to a sentencing phase immediately.

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One witness was called in this sentencing phase: Anthony's mother, Kala Hayes.

"He's my oldest," Hayes said. "He'll always be my baby. I love him very much."

Hayes began weeping. In the gallery, Karmelo also appeared to be crying.

"Do you believe Melo regrets what he did?" Howard asked.

"Yes, I know my son, and he's very sorry for what he did," Hayes said.

"Is there anything you want to tell the jury?" Howard asked.

"Please have mercy on my son," Hayes said.

There should be some room for mercy, but Austin Metcalf is dead over a soft shove. Karmelo Anthony showed him no mercy at all. His twin is traumatized at having watched his brother die at a track meet. Mercy in this case is 3 hots and a cot for several decades in the care of the Texas prison system.

My understanding, based on some Googling of the law in Texas, is that the sentencing can be between 5 and 99 years but the actual time served is usually only half that before someone is eligible for parole. So if he's given 30 years, he would serve 15 before becoming eligible for parole. However, there is also a 30 years cap. So, if for instance, Anthony were given a 70 year sentence, he would still be eligible for parole in 30 years.

Update: The defense is now going to be allowed to make the case for "sudden passion."

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Shortly after 3:30, Karmelo Anthony returned to the courtroom. According to NBC 5's Maria Guerrero, who is inside the Collin County courthouse, Anthony was physically shaking and being held by a female defense attorney.

Judge John Roach was informed that the state agreed to the addition of "sudden passion" as the jury continues with the sentencing phase, meaning that the defense can argue that the murder was committed when the defendant was in an intense emotional state triggered by immediate provocation from the victim...

If the jury agrees with the sudden passion argument, the charge is reduced to a second-degree felony, which lowers the punishment range to 2 to 20 years in prison.

The jury will be brought back in for what amounts to a "mini-trial" with opening statements from the prosecution and the defense. A video will be played for the jury about sudden passion, after which they will deliberate and decide on punishment.

So the substantial outcome of this is still up in the air. I guess you could argue this was a sudden passion murder but what was the motivating passion? This isn't someone who walked in on his wife cheating on him. This is a kid who was belligerent and reached into his bag for a knife before he pulled it to attack. So it wasn't even that sudden. But again, you never know with a jury what they might fall for. We'll have to wait a bit longer to find out. 

Meanwhile outside the courthouse...

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I saw a tweet where someone joked "Bad night to be an AutoZone." I am starting to get that vibe from some of these reactions.

Stay tuned.

Update: The sudden passion mini-trial was brief. First the prosecution spoke.

Assistant District Attorney Dewey Mitchell spoke to the jury regarding the prosecution's position on the sudden passion argument...

Mitchell told the jury that the defense will talk about Karmelo's age in their arguments, and he urged the jury to consider Austin's age as well.

"Nothing you do with your verdict, no matter what it is, nothing will take more from Karmelo and his family than he took from the Metcalfs," Mitchell said. He explained that Austin will never get to meet the love of his life, hold his graduation plaque, or have children...

"This is not about vengeance," Mitchell said. "It's not about leniency, either."

"In Collin County, what's the price of taking a life?" Mitchell asked.

Then the defense:

Following Mitchell's statement, Mike Howard spoke to the jury regarding sudden passion...

Howard then defined sudden passion, explaining that it is an emotion, a feeling, that is directly caused by provocation by the individual killed or others being killed at the time of the offense.

"Sudden passion doesn't mean blaming Austin or Hunter or any of those Memorial kids under that tent," Howard said. "This is not about blaming a victim."

"Decisions made in the heat of the moment are different than decisions that come after reflection," Howard explained to the jury.

"So when something happens... Austin, Hunter, the kids under the tent... when that happens, and you believe that Karmelo felt terror in that moment such that it rendered his mind incapable that he didn't have time for cool reflection, then sudden passion applies," Howard explained.

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He had his hand inside the bag on the knife. That's all I'm going to say.

At 4:40 local time the jury was sent out to deliberate on the sentence.

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