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:
Joe Evans, and Craig Caldwell conspired, one with the other, toward a malicious prosecution of Affiant in retaliation for Affiant having filed criminal
allegations against Caldwell with the Cherokee County grand jury. In furtherance of the above referenced conspiracy, Evans prepared and presented a false
criminal accusation against Affiant in order to obstruct justice by deflecting attention from the
complaints filed by Affiant. Any reasonable person of ordinary prudence
would construe that the filing of a criminal complaint against Affiant by Evans
after consulting with the official complained of, amounted to an act of
retaliation against Defendant which would be expected to have a chilling effect on Affiant towar preventing Affiant from persuing the prosecution of the accused which would have the effect shielding the accused from prosecution.
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.
56. It is the assertion and allegation of Affiant that the filing of the
criminal against Affiant by Joe Evans was deliberate actus reaus intended to prevent
Affiant form pursuing the complaints against public officials. The act by Evans, in furterance of the above referenced criminal conspiracy had the intended effect of stopping any attempt by Affient to pursue prosecution of Caldwell, Judge Fletcher, and others and was, thereby,
an act in retaliation for the filing of said complaints with the intent of
obstructing justice, by shielding the accused from prosecutin in violation of TxPC Section
36.06.
(see Criminal
Affidavit Section N 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, Joe
Evans, did then and there unlawfully and willfully Elmer
Beckworth, Craig Caldwell, and Judge Craig Fletcher toward obstruction of
justice by tampering with a witness in retaliation for protected speech by said
witness in order to shield themselves and others from prosecution, in
an act of Obstruction/Retaliation as defined by Section 36.06
Texas Penal Code.
_________________
Randall Kelton
113 S. Allen St.
Boyd, Tx 76023
5213 430 4140