May 29, 2008 – Constable, NY – A Franklin County Grand Jury will launch a standard procedural investigation into the May 5 shooting of a suspected drug smuggler by two Border Patrol agents after the suspect attempted to run the officers down with an ATV.

The initial investigation into the shooting by Border Patrol officials has not resulted in any finding that the officers were at fault in their actions.

“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 Border Patrol agents. “We are confident that these heroic officers will be fully exonerated from any accusations.”

In response to the announcement of the investigation, the suspect’s attorney, Stanley Cohen, insinuated that the officers were at fault due to the way in which his client, Timothy Fleury, was shot.

“Cohen is attempting to try his client’s case in the media. This investigation isn’t about protecting law enforcement. The facts are that the agents used their best judgment and the skills from their training to ensure their own safety while in the pursuit of a suspect,” said Carr.

The shooting occurred when the Border Patrol agents tracked two men on ATVs suspected of smuggling drugs over the border. After the suspect attempted to run over the officers with his vehicle, the suspect was shot. The wounded suspect, Fleury, was found after placing a 911 call to Franklin County due to the gunshot wound. State Police recovered three large duffle bags containing more than 50 pounds of marijuana at the scene of the shooting. The second suspect has not been found.

Charges have yet to be filed against Fleury, who remains hospitalized in good condition. Fleury is being investigated by the U.S. Attorney’s Office for charges of assault, attempted assault on a federal officer, possession of marijuana, and conspiracy to distribute marijuana.

The agents’ attorney, Thomas Carr, is available for comment on the investigation. Please contact Caitlin Merrill at 518-218-7100 or via email at cmerrill@tullylegal.com for more information on the case or to arrange a time to speak with Carr.