Border Patrol Agents Cleared in Shooting
August 7, 2008 – Albany, NY – In a 19-0 unanimous decision, a Franklin County Grand Jury ruled today that the action taken by two Border Patrol agents against a suspected drug smuggler was justified. The decision completely exonerates the officers and establishes that their actions followed all training guidelines and departmental policies.
The standard procedural investigation followed the May 5 shooting of a suspected drug smuggler by the two Border Patrol agents after the suspect attempted to run the officers down with an ATV. The grand jury found that the agents had reason to believe that the suspect was attempting to harm them.
“It is clear that the grand jury came to the correct decision in this case,” said Thomas J. Carr, the attorney representing the agents. “The agents utilized their best judgment in the situation and went above and beyond their duties. They clearly displayed a true commitment and dedication to their mission.”
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, Timothy J. Fleury, was found after placing a 911 call 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 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.
A press conference regarding the decision will be held at the Franklin County District Attorney’s Office at 3:00 p.m. today. Carr will be available for comment on the investigation.