A Granbury Navy veteran and local political activist is asking a federal judge to halt any further prosecution after a Texas court found no probable cause to support a felony charge stemming from a satirical political meme posted during a school board election.
The case, now pending in the United States District Court for the Northern District of Texas, centers on Kolton Glen Krottinger, a 36-year-old veteran, journalist, and nonprofit director who was arrested last fall on a third-degree felony online impersonation charge. Although a justice of the peace later discharged the case after prosecutors declined to present evidence, the State has indicated it may still seek a grand jury indictment—prompting Krottinger to seek emergency injunctive relief in federal court.
Political Satire During a Local Election
The underlying incident dates to late September 2025, in the middle of a contentious Granbury Independent School District board election. Krottinger operates a Facebook page called “Hood County Sheepdogs,” which publishes political commentary, interviews, and satire related to local government and elections. The page includes a disclaimer indicating its content is satirical.
On or about September 30, the page posted a digitally altered image resembling a screenshot of a Facebook post. The image appeared to show a local activist expressing support for a school board candidate she did not endorse. According to the federal complaint, the image was an obvious manipulation meant to comment on local political dynamics. It was posted from the Hood County Sheepdogs page itself, not from an account bearing the activist’s name, and no separate profile or webpage was created to impersonate her.
The activist later filed a criminal complaint, stating that the post misrepresented her views and could mislead voters. In a public Facebook response included in the court filings, she characterized the dispute as political, writing that the image was an attempt to “shut me down and interfere with the election” and concluding, “Politics is UGLY!”
Arrested After the Election and Barred From Speaking Online
On November 5, 2025—one day after the local elections—Hood County sheriff’s deputies arrested Krottinger at his home. He was charged with felony online impersonation under Texas Penal Code § 33.07(a), which criminalizes using another person’s name or persona online with intent to harm, defraud, intimidate, or threaten.
Bond was set at $10,000. As a condition of release, a justice of the peace imposed a complete ban on Krottinger’s access to social media platforms, including Facebook, Instagram, and TikTok. According to sworn filings, the restriction prevented him from publishing political commentary, operating the Hood County Sheepdogs page, and performing journalistic work while the charge was pending.
Krottinger was booked into the Hood County jail, and his cellphone was seized during the arrest. In a sworn declaration, he states the phone was never listed on an inventory and has not been returned. He further states the phone contains an application he uses to communicate with veterans experiencing mental-health crises, which he has been unable to access since the arrest.
A Prosecutor’s Recusal and Disputed Explanation
Less than two weeks later, the case took an unusual turn. Hood County District Attorney Ryan Sinclair moved to recuse himself, telling the court he had previously served on the board of Anxiety Solutions of America, a nonprofit Krottinger leads.
That assertion was later disputed in writing. The nonprofit’s president submitted a letter stating Sinclair had never been a board member, never attended meetings, and was never voted onto the board. A board member separately confirmed Sinclair had been invited at one point but declined before any formal action was taken. Those statements are included in the federal court record.
Following the recusal, a Hood County court appointed Lindy Beaty, the Ellis County district attorney, to serve as special prosecutor. The investigator who initiated the case later resigned from the Hood County Sheriff’s Office, a fact also documented in the filings.
The Examining Trial That Ended the Case at the Justice Court Level
Krottinger’s defense requested an examining trial under Article 16.17 of the Texas Code of Criminal Procedure, which requires prosecutors to establish probable cause before a neutral magistrate if they wish to proceed.
Rather than presenting evidence, the State filed a written response stating it was not prepared to do so. Based on the motion and the State’s response, Justice of the Peace Earl “Dub” Gillum found that the State had failed to establish probable cause.
On December 5, 2025, the court signed an order discharging Krottinger from the charge, returning his bond, and vacating all bond conditions, including the social media ban. The order left no active criminal case pending in the justice court.
Why the Case Didn’t End There
Despite the judicial finding and the State’s concession that it was unprepared to justify the charge, prosecutors did not formally dismiss the matter. In its response to the examining-trial motion, the State expressly reserved the right to continue investigating and to seek an indictment at a later date.
According to defense counsel, the State has indicated it intends to present the case to a grand jury in January 2026. That stated intention forms the basis of the federal lawsuit now before the court.
The Federal Lawsuit and What It Seeks
Krottinger’s federal complaint, brought under 42 U.S.C. § 1983, asks the court to issue a preliminary and permanent injunction preventing prosecutors from continuing the case or presenting it to a grand jury. The suit also seeks a declaratory judgment that prosecuting the meme violates the First Amendment.
The complaint argues that once the State conceded it could not establish probable cause—and a court formally discharged the case—any further prosecution would constitute bad-faith use of the criminal process. The lawsuit relies on recent Fifth Circuit precedent recognizing that satire and parody are protected speech and that prosecutions aimed at chilling such speech fall outside the usual rule requiring federal courts to defer to state criminal proceedings.
What Happens Next
As of the most recent filings, Krottinger remains discharged from the original charge, but the State has not ruled out further action. Whether prosecutors move forward with a grand jury presentation—and whether a federal judge intervenes before that occurs—now determines whether a case a Texas court found unsupported by probable cause will be revived.
The outcome may carry implications beyond Hood County, touching on how far criminal statutes can reach into political speech and satire during local elections, and what happens when a prosecution continues after a court has already said the evidence is not there.
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