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:
Evans went on to testify that, after Evans delivered the
documents intended for the grand jury to Beckworth that Beckworth called
Cherokee County Attorney, Craig Caldwell, consulted with Caldwell about the
documents filed by Defendant, then Caldwell advised Evans to prepare a
complaint against Affiant alleging that Affiant “operated a private
investigating business without a license.”
The court record indicates that Caldwell then prepared an
information based on the complaint then the complaint and information was then
presented to Judge Fletcher, who, without a single fact alleged, found probable
cause and issued a warrant for the arrest of Affiant on the 27th day of April
2009.
Sec. 15.02. CRIMINAL CONSPIRACY.
(a) A person commits criminal conspiracy if, with
intent that a felony be committed:
(1) he agrees with one
or more persons that they or one or more of them engage in conduct that would
constitute the offense; and
(2) he or one or more of
them performs an overt act in pursuance of the agreement.
(b) An agreement constituting a conspiracy may be
inferred from acts of the parties.
(c) It is no defense to prosecution for criminal
conspiracy that:
(1) one or more of the
coconspirators is not criminally responsible for the object offense;
(2) one or more of the
coconspirators has been acquitted, so long as two or more coconspirators have
not been acquitted;
(3) one or more of the
coconspirators has not been prosecuted or convicted, has been convicted of a
different offense, or is immune from prosecution;
(4) the actor belongs to
a class of persons that by definition of the object offense is legally
incapable of committing the object offense in an individual capacity; or
(5) the object offense
was actually committed.
(d) An offense under this section is one category
lower than the most serious felony that is the object of the conspiracy, and if
the most serious felony that is the object of the conspiracy is a state jail
felony, the offense is a Class A misdemeanor.
Evans, by failing to deliver Defendant’s accusations to the
grand jury and then, consulting with one of the accused, Craig Caldwell, for
the purpose of filing criminal complaints against Defendant, committed the act
of “criminal conspiracy,” as defined by TxPC Section 15.02. (see Criminal
Affidavit Section G attached)
Therefore, I charge that heretofore, and before the
making and filing of this complaint, on or before the 26th
day of December 2011, in Cherokee County and State of Texas, Joe
Evans, did then and there unlawfully and willfully Elmer
Beckworth, Craig Caldwell, and Judge Craig Fletcher toward obstruction of
justice by tampering with a witness in retaliation for protected speech by said
witness in order to shield themselves and others from prosecution, in
an act of Criminal Conspiracy as defined by Section 15.02
Texas Penal Code.
_________________
Randall Kelton
113 S. Allen St.
Boyd, Tx 76023
5213 430 4140