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:
According to the sworn testimony of Evans at a Frank’s
hearing held on the 20th day of June 2011, to test the sufficiency
of the testimony of an affiant seeking a warrant, Evans did not give the
criminal accusation made by affiant to the grand jury members as intended by Defendant,
but instead, gave them to the Cherokee County District Attorney, Elmer
Beckworth. By said act, Evans secreted the documents presented by Affiant from
the grand jury.
Sec. 37.10. TAMPERING WITH GOVERNMENTAL
RECORD. (a) A person commits an offense if he:
(3) intentionally destroys, conceals, removes, or
otherwise impairs the verity, legibility, or availability of a governmental
record;
Nothing in law grants anyone acting in a security capacity,
such as a bailiff, to exercise discretion in determining what documents may be
presented to a grand jury and what documents may not. Neither is the bailiff
granted authority to determine who my give notice to a grand jury of crime.
TxCCP Article 20.09 is clear in the Legislative intent that the grand jury’s
duty to investigate into criminal accusations be invoked by the notice of crime
from prosecuting attorney or “any credible person.” I was that ‘credible
person’ as a matter of law, being over the age of 18 and having never been
convicted of a felony.
By misdirecting the documents intended for the grand jury,
Joe Evans tampered with a government document in violation of TxPC Section
37.10 (supra). (see Criminal Affidavit Section F attached)
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, Joe Evans, did
then and there unlawfully and willfully secret government documents from the
department they were directed to in and act of Tampering With a
Government Document as defined by Section 37.10 Texas Penal Code.
_________________
Randall Kelton
113 S. Allen St.
Boyd, Tx 76023
512 430 4140
