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:
The record shows that Judge Fletcher, acting in the capacity of a magistrate, did not examine into any evidence of a crime as no evidence of a crime was presented to the court. If any evidence had been presented to Judge Fletcher, said evidence would be in the records of the County Clerk as TxCCP Article 17.30 specifically commands the court to certify all proceedings as follows:
Art. 17.30. SHALL CERTIFY PROCEEDINGS. The magistrate, before whom an examination has taken place upon a criminal accusation, shall certify to all the proceedings had before him, as well as where he discharges, holds to bail or commits, and transmit them, sealed up, to the court before which the defendant may be tried, writing his name across the seals of the envelope. The voluntary statement of the defendant, the testimony, bail bonds, and every other proceeding in the case, shall be thus delivered to the clerk of the proper court, without delay.
There is nothing in the court record to indicate that Magistrate Fletcher complied with the above requirement, as there is no envelope with the judge’s name written across the seal in the court record. Neither is there an affidavit in the form of a statement of facts. It, therefore, must be construed that Judge Fletcher failed to comply with TxCCP 17.30(supra) and in so doing secreted the evidence, used by Judge Fletcher to make a finding of probable, from the clerk of the court, cause in violation of TxPC Section 37.10 (supra). (see Criminal Affidavit Section I 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, Judge Craig Fletcher, did then and there unlawfully and willfully tamper with a government document, in an act of Tampering With A Government Document as defined by Section 37.10 Texas Penal Code.
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Randall Kelton
113 S. Allen St.
Boyd, Tx 76023
512 430 4140