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, after conspiring
with Craig Caldwell about criminal allegations Complainant filed against
Caldwell, decided to prepare and present a false criminal accusation against
Complainant. Any reasonable person of ordinary prudence would construe that
the filing of a criminal complaint against Complainant by Evans after
consulting with the official complained of, amounted to an act of retaliation
against Complainant.
Sec. 36.06. OBSTRUCTION
OR RETALIATION.
(a) A person
commits an offense if he intentionally or knowingly harms or threatens to harm
another by an unlawful act:
(1) in retaliation for or
on account of the service or status of another as a:
(A) public servant,
witness, prospective witness, or informant; or
(B) person who has reported
or who the actor knows intends to report the occurrence of a crime; or
(2) to prevent or delay the
service of another as a:
(A) public servant,
witness, prospective witness, or informant; or
(B) person who has reported
or who the actor knows intends to report the occurrence of a crime.
(b) In
this section:
(1) "Honorably retired
peace officer" means a peace officer who:
(A) did not retire in lieu
of any disciplinary action;
(B) was eligible to retire
from a law enforcement agency or was ineligible to retire only as a result of
an injury received in the course of the officer's employment with the agency;
and
(C) is entitled to receive
a pension or annuity for service as a law enforcement officer or is not
entitled to receive a pension or annuity only because the law enforcement
agency that employed the officer does not offer a pension or annuity to its
employees.
(2) "Informant"
means a person who has communicated information to the government in connection
with any governmental function.
(3) "Public
servant" includes an honorably retired peace officer.
(c) An
offense under this section is a felony of the third degree unless the victim of
the offense was harmed or threatened because of the victim's service or status
as a juror, in which event the offense is a felony of the second degree.
(Emphasis added.)
It is the assertion and
allegation of Complainant that the filing of the criminal complaint against
complainant by Joe Evans was deliberate actus reaus intended to prevent
Complainant form pursuing the complaints against public officials and was,
thereby, an act in retaliation for the filing of said complaints with the
intent of obstructing justice, in violation of TxPC Section 36.06.
In the instant case,
Complainant, as a result of the criminal complaint filed by Evans, was actively
prosecuted by the very officials Complainant had witnessed against and
prevented from pursuing the allegations Complainant had made against Attorney
Caldwell, Judge Fletcher, and others. Because of the active prosecution,
Complainant was unable to pursue the allegations made against Judge Fletcher,
Prosecutor Caldwell, and others. Evans by filing the false complaint against
Complainant, tampered with Complainant as a witness in violation of TxPC
Section 36.05 (supra). (see Criminal Affidavit Section P 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, Joe Evans, did then and there unlawfully and willfully
prevent Complainant from pursuing criminal allegations against public officials,
in an act of Witness Tampering as defined by Section 36.05 Texas
Penal Code.
_________________
Randall Kelton
113 S. Allen St
Boyd, Tx 76023
512 403 4140