Fleeing suspect shot; another sought by border agents

By DENISE A. RAYMO
Staff Writer

May 07, 2008 04:00 am

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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.
State Police said he was shot once "in the lower torso."
Border agents are issued a 40-caliber pistol as a sidearm, and even though they were also carrying rifles Monday, it is believed Fleury was shot with a handgun.
Law-enforcement officials said they are familiar with Fleury from previous criminal investigations, but he has not been charged with anything at this point.
District Attorney Derek Champagne, who is also a special assistant U.S. attorney, said that until the investigation is concluded and possible charges sorted out, he is not sure if federal or state jurisdiction will apply.
He said Fleury could face charges of marijuana possession, conspiracy and assault upon a police officer, which, he said, "is taken very seriously in Franklin County."
Champagne said his office is aware of Fleury and of drug-trafficking networks operating in the region and will aggressively prosecute anyone involved.
About 25 members of the Border Patrol, State Police, U.S. Department of Homeland Security, New York State Forest Rangers and State Department of Environmental Conservation are scouring the woods, recovering any evidence dumped during the 30-minute interval between encounters, Smith said.
Agents, detectives and troopers arrived and left the State Police barracks in Malone all day Tuesday, many carrying rolled up aerial or road maps.
The run-in occurred on Route 122, which runs from Route 37 in the Town of Westville to Route 11 in the Town of Constable.
Smith said the woods are thick and full of new foliage and therefore easier to access with an ATV than a regular passenger vehicle.
He said that despite the close proximity of Canada, the search for the missing man is confined to the United States.

draymo@pressrepublican.com

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