• 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:

    1. According to the testimony of Evans, Beckworth talked to Caldwell about the criminal complaints filed by Affiant with Evans.  Caldwell then talked to Evans and directed Evans to file the complaint against Defendant.  Since Caldwell was one of the persons accused in the complaints filed by Defendant, Beckworth committed a breach of his fiduciary duty to the citizens of the State of Texas by conspiring with Caldwell to initiate criminal prosecution against Affiant.  Caldwell, for his part, had a duty to disqualify himself from any participation in any conversations or consultations concerning a prosecution of affiant, therefore, no action by Beckworth or Caldwell can be construed as having been performed in furtherance of his duty as a county attorney for Cherokee County, Texas. 
    2. Both Beckworth’s and Caldwell’s actions in this matter cannot be construed as acts within the scope of their authority, but rather, were personal acts, performed in their individual capacities, and beyond the scope of any authority as the scope of official authority does not extend to criminal acts of criminal conspiracy (see TxPC Section 15.02 supra),  in order to tamper with a witness for the purpose of shielding themselves and others from prosecution (see TxPC Section 38.05 supra).  (see Exhibit Complaint Q) 
    3. Based on the above, Affiant alleges that Craig Caldwell conspired with Elmer Beckwort toward felony retaliation against Affiant in order to tamper with Affiant as a witness for the purpose of shielding Caldwell, Judge Fletcher, and others from prosecution. 
       (see Criminal Affidavit Section N attached)

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  • 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 conspire with Elmer Beckworth in order to initiate a malicious procesution against Complainant for the purpose of shielding Caldwell, Judge Fletcher, and otherf from prosecution,  in an act of Shielding From Prosecution as defined by  Section 38.05 Texas Penal Code.   

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  • Notary Stamp

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    ________________

  • 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

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