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:

Affiant asserts and alleges that Beckworth violated Section 39.02 (supra) for the purpose of shielding from prosecution all the officials complained of by Robert Fox in violation of TxPC Section 38.05. 

Sec. 38.05.  HINDERING APPREHENSION OR PROSECUTION. 

(a)  A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he:

(1)  harbors or conceals the other;

(2)  provides or aids in providing the other with any means of avoiding arrest or effecting escape; or

(3)  warns the other of impending discovery or apprehension.

(b)  It is a defense to prosecution under Subsection (a)(3) that the warning was given in connection with an effort to bring another into compliance with the law.

(c)  Except as provided by Subsection (d), an offense under this section is a Class A misdemeanor.

(d)  An offense under this section is a felony of the third degree if the person who is harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, including an offense under Section 62.102, Code of Criminal Procedure, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony, including an offense under Section 62.102, Code of Criminal Procedure, and the person charged under this section knew that the person they harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony. 

(1)             The above actions of Elmer Beckworth have the effect of shielding the accused from prosecution in violation of TxPC Section 38.05(supra).

.(see Criminal Affidavit Section D 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, Elmer Beckworth,  did then and there unlawfully and willfully shield public officials from prosecution, in an act of Shielding From Prosecution as defined by  Section 38.05 Texas Penal Code.   

 

 

 

 

 

 

Notary Stamp

 
 
_________________

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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