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Second suspect remains at large
EVIDENCE GATHERED: Man shot by Border Patrol agent still in Vermont hospital
By JAMES R. DONNELLY
TIMES STAFF WRITER
SUNDAY, MAY 11, 2008

CONSTABLE — Although one of two suspects remains at large, an intense state police search of the border area where an alleged Monday night smuggling attempt led to the wounding of a Constable man by a U.S. Border Patrol agent was to be completed by late Friday.

The search for evidence was touched off shortly before 10 p.m. Monday when two agents attempted to stop the operators of two all-terrain vehicles they suspected of being involved in smuggling. One of the men, Timothy J. Fleury, 25, Constable, was encountered about a half hour later and was shot by one of the agents after he allegedly drove at them. He is reported to be in fair condition at Fletcher Allen Health Care, Burlington, Vt.

The second suspect, who was not with Mr. Fleury when the shooting took place, abandoned his machine and fled on foot.

"The operator of the second ATV has not been identified as yet," Capt. Robert S. LaFountain of the state police Bureau of Criminal Investigation, Ray Brook, said Friday. Clothing he left behind has been confiscated and may be used to identify him.

While the search for the second man continued, the search for evidence was nearing completion. Among the items found were three large duffle bags continuing more than 50 pounds of marijuana, state police said.

"Once that is done, all evidence that has been collected will be forwarded to the forensic investigation center in Albany, or to our forensic identification unit at troop headquarters in Ray Brook," Mr. LaFountain said.

The two Border Patrol agents involved in the shooting have been placed on administrative leave while their actions are reviewed. Their names will not be disclosed until the review is complete, Mr. LaFountain said.

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