Drug suspect who was shot while fleeing agents indicted

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September 30, 2008

Suspect accused of trying to hit arresting officers

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

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.

The drivers fled in different directions, with Taylor and Rascoe in pursuit, but both got away when the officers could no longer follow into the woods with their vehicle.

However, about 30 minutes later, the agents allegedly saw Fleury come out of the woods and stop about 15 to 30 feet from them on the ATV trail.

As the agents approached on foot and ordered him to get off the machine, Fleury reportedly gunned the engine, made a sharp turn and drove at the men.

The officers said they jumped out of the way and fired off 12 shots. One struck Fleury in the lower torso, but he did not stop.

SURGERIES

A short time later, Franklin County dispatchers received an emergency call from a home at 868 Route 122 requesting an ambulance to help a man who had been shot.

Fleury was first taken to Alice Hyde Medical Center in Malone, then transferred to Fletcher Allen Health Care in Burlington. He eventually had three surgeries and was hospitalized for several weeks.

The large duffel bags were recovered and allegedly contained more than 50 pounds of marijuana.

Officials said the second suspect has been identified through DNA evidence collected at the crime site but has not been arrested.

A grand jury cleared Taylor and Rascoe of any charges involving the shooting.

draymo@pressrepublican.com