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:
According to the testimony of Evans, sometime after the 27th day of March 2009, and before the 28th day of April 2011, Elmer Beckworth talked to Craig Caldwell about the criminal complaints filed by Affiant against Caldwell and others, with
Evans. Caldwell then talked to Evans and directed Evans to file the
complaint against Defendant. Since Caldwell was one of the persons
accused in the complaints filed by Defendant, Beckworth committed a breach of his fiduciary duty to the citizens of the State of Texas
by conspiring with Caldwell to initiate criminal prosecution against
Affiant. Caldwell, for his part, had a duty to disqualify himself from
any participation in any conversations or consultations concerning a
prosecution of affiant, therefore, no action by Beckworth or Caldwell can be construed as having been performed
in furtherance of his duty as a county attorney for Cherokee County,
Texas.
64. Both Beckworth’s and Caldwell’s actions in
this matter cannot be construed as acts within the scope of their authority,
but rather, were personal acts, performed in their individual capacities, and
beyond the scope of any authority as the scope of official authority does not
extend to criminal acts of criminal conspiracy (see TxPC Section 15.02 supra), in order to tamper with a witness for
the purpose of shielding themselves and others from prosecution (see TxPC Section 38.05 supra). (see Exhibit Complaint Q)
65. Based on the above, Affiant alleges that Craig Caldwell conspired with
Elmer Beckwort toward felony retaliation against
Affiant in order to tamper with Affiant as a witness for the
purpose of shielding Caldwell, Judge Fletcher, and others from
prosecution.
(see Criminal Affidavit SectionQ 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, Craig Caldwell, 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.
_________________
Randall Kelton
PO Box 1
Boyd, Tx 76023
512 430 4140