By DENISE A. RAYMO
CONSTABLE -- Leads are coming in as State Police continue to investigate an alleged marijuana-smuggling trip that left one man injured and another still eluding capture.
Timothy J. Fleury Jr., 25, of 52 Bird Road, Constable was listed in fair condition Wednesday at Fletcher Allen Health Care in Burlington, suffering from a gunshot wound to the torso.
He was shot by U.S. Customs and Border Protection agents in the woods off Route 122 in the Town of Constable about 10:40 p.m. Monday after he alleged tried to run them down with the all-terrain vehicle he was riding.
A second suspect, whom police have so far been unable to identify, is being sought.
He fled on foot, but biological evidence he left behind may lead to his identity.
The incident took place near the Jamison international-border crossing at Trout River.
State Police say troopers, investigators and other law-enforcement officers are covering a search area of 20 miles.
Three oversized duffle bags were found in the woods, stuffed with more than 50 pounds of marijuana.
"We're looking for anyone with information about Mr. Fleury or his known associates to contact the State Police," Capt. Robert LaFountain, commander of the State Police Troop B Bureau of Criminal Investigation Division, said Wednesday.
He said troopers, investigators, border agents, officers and forest rangers from the State Department of Environmental Conservation are continuing to gather evidence and information.
"We have investigated 75 leads so far," LaFountain said, adding that officers have remained at the site of the shooting 24 hours a day, gathering anmd securing evidence, and will continue to do so.
He would not disclose how many shots were fired by the two Border Protection agents. The agents were not hurt and have not been identified. They are on administrative leave until the investigation is concluded, which is standard procedure, officials said.
District Attorney Derek Champagne, who is also a special assistant U.S. attorney, said he and an assistant U.S. attorney sent north from Syracuse visited the crime site and that his ongoing consultations with U.S. Attorney Glenn Suddaby will determine what charges could be lodged against Fleury and the other suspect.
"I'm involved, one way or the other," the DA said, adding that the investigation is proceeding well and that results of "biological evidence" will be used to learn the identity of the second suspect.
The incident began when the agents tried unsuccessfully to stop two ATVs near the border crossing about 10:10 p.m.
About 30 minutes later, they spotted one of the vehicles on the south side of Route 122.
As they walked toward it, Fleury reportedly tried to run the two agents over down and then drove off.
As he began to flee, agents fired on him.
A short time later, a 911 call came into the Franklin County Emergency Services dispatch from 868 Route 122, where the caller stated a man with a gunshot wound needed help.
An ambulance first brought Fleury to Alice Hyde Medical Center in Malone, but he was later airlifted to Fletcher Allen.
LaFountain said the Route 122 homeowners "have been very cooperative" with the investigation. He said Fleury knew the people and had not chosen the home at random.
An Internet search lists the homeowners as Shayne and Tina Smith. They could not be reached Wednesday for comment.
"We still haven't identified the second individual on the other ATV who fled the scene," LaFountain said.
Anyone with information is encouraged to call the Malone barracks of State Police at 483-5000.
"This is an enormous investigation due to the number of crime scenes, the number of vehicles seized and the area of coverage," the captain said, "so this is going to be a slow, tedious process."
draymo@pressrepublican.com
