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Troop B Commander Richard Smith (center) speaks with reporters outside the Malone barracks Tuesday, flanked on his right by Border Protection Unit Assistant Chief Patrol Agent Peter Dunbar (left) and Franklin County District Attorney Derek Champagne.
Staff Photo/Denise A. Raymo /

Published May 06, 2008 10:45 pm - Constable man reportedly tried to run over two federal agents who were attempting to stop his ATV Monday night.

Fleeing suspect shot; another sought by border agents
Constable man allegedly tried to run down border agent; second suspect sought

By DENISE A. RAYMO
Staff Writer

CONSTABLE -- A Constable man was shot in the lower back Monday night while fleeing two border agents he reportedly tried to run down with his all-terrain vehicle.

Timothy J. Fleury Jr., 25, of 52 Bird Road, was in stable condition Tuesday afternoon at Fletcher Allen Health Care in Burlington.

A second man, who was not identified, is still being sought in the woods near the Jamison Border Crossing at Trout River.

POT FOUND

Three large hockey-equipment duffle bags holding more than 50 pounds of marijuana were recovered in the woods during the search, police said.

The two U.S. Customs and Border Protection agents involved, who were not identified, have been placed on administrative leave until the investigation is concluded, which is standard procedure.

State Police Troop B Commander Maj. Richard Smith said the community is not in danger, and that the second suspect -- who is traveling on foot -- is not believed to be armed.

DROVE AT AGENTS

About 10:10 p.m. Monday, Smith said, the border agents tried to stop two ATVs near the Trout River crossing, but both drivers fled into the woods on their machines.

Thirty minutes later, the agents found one of the ATVs on the south side of Route 122.

As Border Patrol agents walked toward Fleury on the machine, he reportedly tried to run them down.

When he drove off, the officers shot at him.

A short time later, Franklin County Emergency Services dispatchers received a 911 call from 868 Route 122 about a man there with a gunshot wound.

An ambulance was sent, and Fleury was taken to Alice Hyde Medical Center in Malone for treatment and was later airlifted to Fletcher Allen Health Care in Burlington, where he was initially listed in critical condition.



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