• IN THE NAME AND BY AUTHORITY OF

  • THE STATE OF TEXAS:

  •  

  • I, Randall Kelton, hereinafter referred to as "Complaint," under penalty of perjury, do state that I have personal knowledge I have good reason to believe and do believe based upon the following information:

  • In the instant cause, it was necessary to go directly to the grand jury as, Cherokee County District Attorney, Elmer Beckworth, had been presented with criminal complaints against The Honorable Judge Craig Fletcher, County Attorney, Craig Caldwell and others by Robert Fox back in November of 2008.  Beckworth acted in clear and direct violation of Texas Code of Criminal Procedure (TxCCP) Article 2.03(a), when presented with criminal complaints against public officials, and refused to present the complaints to the grand jury. 

  • Art. 2.03. NEGLECT OF DUTY.  (a)  It shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect or failure of any duty enjoined upon such officer, when such neglect or failure can be presented by information, whenever it shall come to the knowledge of said attorney that there has been a neglect or failure of duty upon the part of said officer;  and he shall bring to the notice of the grand jury any act of violation of law or neglect or failure of duty upon the part of any officer, when such violation, neglect or failure is not presented by information, and whenever the same may come to his knowledge. (Emphasis added)

  • In consideration of TxCCP Articles 2.04, 05, and 06, which stipulate how criminal accusations against citizens are to be handled by the prosecuting attorney, it must be construed that Article 2.03(supra) was specifically considered by the Legislature as a special statute.  Article 2.03(supra) particularly addressed complaints against public officials.  The clear language of the law made it clear that the prosecuting attorney was without discretion of any kind concerning complaints being made against public officials. 

  • No prosecutor should be put in a position to have to determine whether or not to prosecute someone s/he works with.  The Legislature, in their wisdom, specifically addressed this issue and insured that the prosecutor would not be put in such a compromising position.  In 2007, the Legislature re-visited the matter of crimes by public officials and added Section 30.015 to Chapter 39 of the Texas Penal Code (TxPC). 

  • Sec. 39.015.  CONCURRENT JURISDICTION TO PROSECUTE OFFENSES UNDER THIS CHAPTER.  With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this chapter.

  • This would allow the prosecutor to turn a prosecution of a public official over to the Attorney General rather than having to recuse himself and petitioning the district court to appoint an attorney pro tem.  Beckworth, in the instant case, did none of the above.  Beckworth did not exercise prosecutorial discretion as discretion was specifically denied him in the instant case.  Beckworth exercised caprice in that he decided who he wanted to prosecute and who he did not, and that was an act in direct violation of Article 2.03 (supra), a law relating to his office.  Said act was a violation of TxPC Section 39.02. 

  • Sec. 39.02.  ABUSE OF OFFICIAL CAPACITY. 

  • (a)  A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:

  • (1)  violates a law relating to the public servant's office or employment.

  • (see Criminal Affidavit Section C attached)

  • Text Box: Seal Here Therefore, I charge that heretofore, and before the making and filing of this complaint, on or before the   26th day of November 2011, in Cherokee County and State of Texas, Elmer Beckworth,  did then and there unlawfully and willfully violate a law relating to his office, specifically Texas Code of Criminal Procedure Article 2.03,  in an act of Official Misconduct as defined by  Section 39.02 Texas Penal Code.   

  •  

  •  

  • _________________

  • Randall Kelton

  • 113 S. Allen St.

  • Text Box: VERIFICATION By the signing of this document I, Randall Kelton, do swear and affirm that all statements made herein are true and accurate, to the best of my knowledge and belief . SWORN TO AND SUBSCRIBED BEFORE ME, ________________________________, on the ___th day of November 2011, which witnesses my hand and seal of office. Notary signature: _________________________________ Boyd, Tx 76023

  • 512 430 4140

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