Franklin County grand jury to hear Border Patrol shooting case

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May 30, 2008

By DENISE A. RAYMO The Press Republican Fri May 30, 2008, 12:00 AM EDT

CONSTABLE -- A Franklin County grand jury will hear evidence against two federal agents to determine if they will face charges in the May 5 shooting of a Constable man.

Timothy J. Fleury, 25, of 52 Bird Road, was shot in the lower torso as he fled on an all-terrain vehicle after allegedly trying to run down two U.S. Customs and Border Protection agents.

He was released from a Burlington hospital this week.

A suspect on the second ATV fled into the woods and has not been caught. However, DNA evidence collected at the crime site is being analyzed to help investigators zero in on the person.

The officers from the Border Protection station at Burke, who have not been identified publicly, are on administrative leave until the investigation is complete.

"No charges have been filed against the officers. This type of investigation is standard procedure for the District Attorney's Office," said Thomas J. Carr, the attorney representing the two agents in a news release.

District Attorney Derek Champagne, who is also a special prosecutor with the U.S. Attorney's Office, said the probe into the officers' actions will be under local jurisdiction and that any possible criminal charges against Fleury will be handled on the federal level.

The officers had been trying to stop a pair of ATVs near the Jamison Border Crossing at Trout River about 10:10 p.m. on May 5 and came upon Fleury about 10:40 p.m. off Route 122 in the Town of Constable.

As the officers walked toward the ATV, Fleury allegedly tried to run them down. Agents reportedly shot at him then.

A short time later, Franklin County Emergency Services dispatchers received a call from 868 Route 122 about a man there with a gunshot wound. Fleury was first taken to Alice Hyde Medical Center in Malone then airlifted to Fletcher Allen Health Care in Burlington.

Three large hockey-equipment bags with more than 50 pounds of marijuana inside were recovered in the woods near the border crossing, police said.

Champagne said the U.S. Attorney's Office is looking into possible charges against Fleury for assault, attempted assault on a federal officer, possession of marijuana and conspiracy to distribute marijuana.

The DA said the grand jury will determine if the shooting was justified, which is defined by the actions of what a reasonable person would do in the same situation under the same circumstances.

"I'd like to have this resolved for the officers involved," Champagne said.

The DA added he is "very confident" the DNA evidence against the second suspect will bring results.

draymo@pressrepublican.com