Hood County’s district attorney has recused himself from prosecuting a meme case, citing a board seat on the defendant’s nonprofit. Now, the nonprofit denies he was ever on the board in the first place.
Granbury community activist Kolton Krottinger was arrested on November 5 for “online impersonation,” after a satirical post about another local activist, as The Dallas Express exclusively reported.
District Attorney Ryan Sinclair recused himself from the case on November 19, saying he had “served on the board of Anxiety Solutions of America” – Krottinger’s nonprofit, according to The Texan.
Yet the following day, ASA sent a letter obtained by The Dallas Express, denying that Sinclair had ever been on the board.
“Ryan Sinclair has stated that he is part of our board. This statement is not true,” wrote ASA President Andrea Jackson in the letter.
The Dallas Express reached out to the Hood County District Attorney’s Office, but a staff member declined to comment.
Krottinger is a Navy veteran and local activist. He is frequently involved in local Hood County politics, having interviewed candidates ahead of the November 4 elections.
He runs ASA, which operates out of Blue Branch Historic Ranch in Granbury. The nonprofit serves as a veterans’ mental health center, which the state Senate honored this year for its work with service members and first responders.
The Recusal
When Sinclair recused himself from prosecuting the case, he said he had served on ASA’s board, according to The Texan.
“Movant served on the board of Anxiety Solutions of America, a non-profit operated by Kolton Krottinger, for a short period of time,” reads the motion. “To avoid any appearance of conflict of interest, movant voluntarily recuses himself from any further official involvement in the prosecution of any investigations regarding Kolton Krottinger.”
In his place, a Hood County judge appointed Ellis County District Attorney Lindy Beaty to carry out the prosecution, according to The Texan.
But the next day, Jackson penned the letter obtained by The Dallas Express, disputing Sinclair’s claim that he served on the group’s board.
“Sinclair has never made a presence at any of our meetings, nor has his presence ever been made to our knowledge even to the ranch,” she wrote.
In the letter, Jackson said some members of the nonprofit had “brought up” Sinclair as a possibility for the board, but it “never went any further than just hearsay.”
ASA Board Member Scott London wrote to Krottinger’s attorney on November 20, according to emails obtained by The Dallas Express.
“I was aware Ryan Sinclair had been invited to join our board, but I was told he declined the invitation before our board met to introduce him,” London wrote. “Because he was never introduced to be a board member, he was never voted on.”
Former Hood County Republican Party Chair Nate Criswell told The Dallas Express he feels there are “zero grounds” to suggest Sinclair ever served on ASA’s board.
“Politicians lie, but prosecutors should be beyond reproach,” he said. “If DA Ryan Sinclair is willing to lie about his role on the board of the nonprofit, what else would he and the investigators lie about?”
The Arrest
Deputies with the Hood County Sheriff’s Office arrested Krottinger on November 5 for “online impersonation,” as The Dallas Express exclusively reported.
“It’s for posting a meme,” defense attorney Rob Christian told The Dallas Express at the time. “After 25 years of experience as a district attorney and criminal defense attorney, I have never seen anyone get arrested for engaging in political speech.”
The sheriff’s office booked Krottinger into jail for felony “online impersonation-name/persona create page” in the third degree, jail records show. State law bans using “the name or persona of another person” to “harm, defraud, intimidate, or threaten any person.”
Krottinger had apparently posted a satirical meme on October 2, depicting another local activist, Tina Brown, posting in support of Monica Brown, a then-candidate for Granbury ISD school board, according to the criminal complaint obtained by The Dallas Express.
Tina Brown apparently objected, claiming impersonation and saying the post inaccurately depicted her support for the candidate, according to the complaint. Officials claimed Krottinger made the Facebook post without consent, “with the intent to defraud the general public against the peace and dignity of the state.”
Later, a search warrant allegedly linked the page and its IP address to Krottinger, according to The Texan.
Soon after Krottinger’s arrest, State Board of Education Member Brandon Hall told The Dallas Express he was concerned about the free speech implications of arresting someone for posting a meme. In a later forum with The Dallas Express, attorney general candidates expressed similar 1st Amendment concerns.
Criswell said he thinks Sinclair tried to bail on the case after seeing Sheriff Roger Deeds, whose deputies arrested Krottinger, suffer political consequences. He said he felt the district attorney was part of a “witch hunt.”
“Make no mistake, they are going after Kolton because he wouldn’t sell out to the G[ood] O[ld] B[oy]s,” he said. “Moving forward, Ryan’s recusal means (hopefully) a fresh set of eyes will throw this case out before the show cause hearing.”
