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Published September 29, 2008 10:15 pm - Timothy J. Fleury pleads not guilty to eight charges stemming from a May 5 confrontation on an ATV trail in the Town of Constable.

Drug suspect who was shot while fleeing agents indicted
Suspect accused of trying to hit arresting officers

By DENISE A. RAYMO
Staff Writer

MALONE -- A suspected drug dealer, shot by border agents he allegedly tried to hit while fleeing on an ATV, pleaded not guilty Monday to eight charges.

Timothy J. Fleury, 25, of 52 Bird Road, Constable was indicted by a Franklin County grand jury on two counts of first-degree reckless endangerment, two counts of second-degree reckless endangerment and one count each of first-degree criminal possession of marijuana, first-degree criminal sale of marijuana, resisting arrest and unlawfully fleeing a police officer.

He was arraigned before County Court Judge Robert G. Main Jr., where he pleaded not guilty to all charges.

He was taken to County Jail in lieu of $25,000 cash bail or $50,000 bond.

Fleury is accused of trying to run over U.S. Customs and Border Protection Agents Dennis Rascoe and Daniel Taylor when they attempted to stop him on a narrow trail in the woods off Route 122 in the Town of Constable on May 5.

COURT APPEARANCE

Fleury turned himself in to State Police investigators Monday morning and had six family members and friends to support him when he was escorted into court handcuffed and in the company of two state troopers.

He wore a green T-shirt with Born to farm' across the front, jeans and sneakers for his 15-minute court appearance. He glanced at his family both as he entered the courtroom and when he left.

His defense attorney, Stanley Cohen, asked that Fleury be released without bail and offered a litany of reasons the judge should comply.

He said his client was a low risk of flight since he has lingering medical problems from the shooting, including his loss of 50 pounds.

Cohen said Fleury has cooperated fully with local, state and federal authorities in all facets of their parallel investigations.

Main denied the request for Fleury's release, set bail and adjourned the case until Oct. 10 for a pre-trial conference.

THE CHASE

The border agents were investigating the activation of a surveillance device near the Jamison Border Crossing at Trout River about 10:10 p.m. May 5 and came upon two people driving on separate all-terrain vehicles.

One was towing a trailer laden with three bulging hockey-equipment bags, the agents said.



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