Email to a friend

Grand Jury Investigation into Border Patrol Shooting is Standard Procedure

Grand Jury Investigation into Border Patrol Shooting is Standard Procedure

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.


Attorney Locator

Find an attorney near you.
Click below.

Contact Us

  • Tully Rinckey announces new hires and promotion

    Derrick T. Hogan was promoted to senior associate, overseeing the criminal defense practice in Albany. Hogan joined as a law clerk in 2009. Morgan Smith joined as recruitment manager. Smith has more than 14 years of staffing and recruitment experience and previously …

  • Albany Police Officer Arrested

    Officer Caught on Camera Slamming 15-Year old Girl Albany Police Chief Brendan Cox says on July 26th, Officer Ervis Miftari was called to St. Anne Institute, a rehabilitation center for troubled girls, to help with one of the residents, who …

Read All

  • Free Download: EEOC 2016 Update White Paper

    You Could Be Sharing Confidential Info and Not Even Know It Tully Rinckey’s white paper details the Equal Employment Opportunity’s (“EEOC”) nationwide change to procedure that has gone largely unnoticed. The new procedure applies to Charges filed on or after …

Read All

Read All

  • Tully Rinckey PLLC Binghamton Office Ribbon Cutting

    You’re Invited: Tully Rinckey PLLC Binghamton Office Ribbon Cutting Tully Rinckey PLLC, an upstate-wide coast-to-coast 70 attorney full-service law firm, is holding a ribbon cutting for its new office space at 4100 Vestal Road, Suite 104, Vestal, NY 13850 on …

Read All