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:
It is the position of Affiant that Beckworth, by purporting to
exercise a level of discretion specifically denied him by special statute (see
TxCCP Article 2.03(a) supra), exerted an authority specifically denied him and
in so doing, denied Robert Fox in the equal protection of the laws.
Section 1 of the Fourteenth Amendment
to the United States Constitution
All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States and of
the State wherein they reside. No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws.
In as much as the law in this matter is clear and
Beckworth had a statutory duty under Article 2.03 (supra), Affiant had reason
to believe that Beckworth, if presented with complaints against public officials
would not present same to the grand jury in violation of TxPC Section 39.03.
.
Sec. 39.03. OFFICIAL OPPRESSION.
(a) A public servant acting under color of his office or
employment commits an offense if he:
(1) intentionally
subjects another to mistreatment or to arrest, detention, search, seizure,
dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies
or impedes another in the exercise or enjoyment of any right, privilege, power,
or immunity, knowing his conduct is unlawful; or
(3) intentionally subjects
another to sexual harassment.
(b) For purposes of this section, a public servant
acts under color of his office or employment if he acts or purports to act in
an official capacity or takes advantage of such actual or purported capacity.
(c) In this section, "sexual harassment"
means unwelcome sexual advances, requests for sexual favors, or other verbal or
physical conduct of a sexual nature, submission to which is made a term or
condition of a person's exercise or enjoyment of any right, privilege, power,
or immunity, either explicitly or implicitly.
(d) An offense under this section is a Class A
misdemeanor. (Emphasis added)
Elmer Beckworth, by the above, violated a law relating to
his office and, in the process, denied Robert Fox in the due course of the laws
of the State of Texas in direct violation of TxPC 39.03(supra). (see Exhibit Complaint E)
Defendant, being a citizen of the State of Texas, and a
Viet Nam veteran, had a sworn duty to “protect this country from all enemies,
foreign and domestic,” as per Defendant’s lifetime oath as sworn to upon
entering the military, considered it a duty to report crime when discovered.
In as much as Affiant can find no law that restricts Affiant from communicating
with the grand jury foreman or any other member of the grand jury when they are
not in session, Affiant took complaints directly to the Cherokee County Grand
Jury in order to encourage the grand jury to investigate into the offenses
alleged by Defendant. (see Criminal Affidavit Section E 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 violate a law relating to his office and deny Robert Fox in the
due course of the laws, in an act of Official Oppression as defined
by Section 39.03 Texas Penal Code.
_________________
Randall Kelton
113 S. Allen St.
Boyd, Tx 76023
5213 430 4140