Suspect who was

shot by customs agent

remains hospitalized

CONSTABLE -- State Police are continuing their investigation into an alleged marijuana-smuggling case where a Constable man was shot and another remains on the loose.

Timothy J. Fleury, 25, of 52 Bird Road, remains in fair condition at Fletcher Allen Health Care in Burlington, where he was airlifted late Monday with a gunshot wound to the torso.

U.S. Customs and Border Protection agents shot at him after he reportedly tried to run them over with the all-terrain vehicle he was driving off Route 122 in the Town of Constable about 10:40 p.m.

A second person who had been on an ATV fled into the woods on foot and is still being sought by investigators.

Anyone with information about Fleury or his known associates is asked to call State Police at 483-5000.

As part of standard procedure, the agents who fired upon Fleury were placed on administrative leave until the investigation is concluded. Neither agent was injured.

Three duffel bags stuffed with pot were found in the woods near the Jamison Border Crossing at Trout River, which is near where the agents originally tried to stop the two ATV riders about 10:10 p.m. as part of an investigation into ongoing drug-smuggling operations.

Capt. Robert LaFountain, commander of the State Police Troop B Bureau of Criminal Investigation, said Thursday that investigators have spoken briefly with Fleury, but he has obtained an attorney to represent him.

He said the investigation continues, and he expects the agents and officers to wrap up the gathering of physical evidence at the site of the shooting sometime today.

He said clothing worn by the suspect who got away will undergo DNA testing to help identify the person. It's possible that man was from Canada, LaFountain said.

He noted that Fleury has not been arrested and that all information his officers gather will be turned over to the U.S. Attorney's Office and the Franklin County District Attorney's Office for review and action.

draymo@pressrepublican.com