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, Evans talked to
Caldwell about the criminal complaints filed by Complainant and subsequent to
said conversation, Evans filed the complaint against Complainant, at the
direction of Caldwell. Since Caldwell was one of the persons accused in the
complaints filed by Complainant, Caldwell had a duty to disqualify himself from
any participation in any prosecution, therefore, no action by Caldwell can be
construed as having been performed in furtherance of his duty as a county
attorney for Cherokee County, Texas. Caldwell’s actions in this matter were
personal and beyond the scope of his authority as the scope of official
authority does not extend to criminal acts of conspiracy (see TxPC Section
15.02 supra), retaliation (see TxPC Section 36.06 supra), and witness
tampering(see TxPC Section 36.05supra). (see Criminal Affidavit Section R
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 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