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:
In a phone conversation with Beckworth on the 26th day of March 2009, Beckworth told Affiant that the foreman was returning the complaints, Affiant had left with Evans. Beckworth told Complaint that the foreman of the grand jury refused to investigate into the allegations. Beckworth said that the foreman of the grand jury told him to tell Defendant, “You need to file the complaints with a policing agency so they can investigate them.”
Affiant asked Beckworth, “Who told the foreman that?”
Without answering, Beckworth went on to say that, Affiant could not waste the grand jury’s time with frivolous complaints. Affiant assured Beckworth that the complaints Affiant filed were not frivolous and again insisted to know who told the grand jury that it could only hear complaints investigated by a policing agency and not from a private citizen or a representative of broadcast media. Without answering Defendant’s question Beckworth ended the phone conversation.
It is unreasonable to consider that the foreman of the grand jury would come to a conclusion that, on the face of it, is in direct contravention to the requirement of TxCCP Article 20.09 (supra). The only reasonable conclusion is that Beckworth gave legal advice to the foreman concerning the propriety of receiving notice from “some credible person.” It is reasonable to construe the above as the complaints filed by Affiant were returned to Defendant.
If Beckworth is to be believed, the foreman of the Cherokee County Grand Jury failed to perform a duty s/he was required to perform as stipulated by TxCCP Article 20.09 supra, and in the process committed misfeasance of office in violation of TxPC Section 39.02.
(supra) (see Criminal Affidavit Section J 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, Elmer Beckworth, did then and there unlawfully and willfully abused the power and authoirty of his office by providing false legal advice to the foreman of the Cherokee County Grand Jury foreman, in an act of Official Misconduct as defined by Section 39.02 Texas Penal Code.
Notary Stamp
_________________
Randall Kelton
113 S. Allen St.
Boyd, Tx 76023
5213
430 4140