BORDER AGENTS SHOOT SUSPECT IN SMUGGLING

MALONE - A Franklin County man was wounded and another man is being
sought as the result of an alleged smuggling attempt that went bad
Monday night.

Timothy J. Fleury, 25, was shot about 10:40 p.m. as he and another man
who is still at large led Border Patrol agents and state police on a
chase over roads and fields between Westville and Constable, according
to Capt. Robert S. LaFountain of the state police Bureau of Criminal
Investigation, Ray Brook.

The chase began about 10:10 p.m. after two agents from the Border
Patrol's Burke station spotted what they believed to be smuggling
taking place near Trout River and tried to stop two all-terrain
vehicles, Mr. LaFountain said. They fled and a search for the ATVs
continued for about a half-hour until the agents encountered one of
them on the south side of Route 122 near the Constable/Westville town
line.

As one of the agents approached the ATV, its operator drove at the
agents, Mr. LaFountain said. Both fired shots, but the ATV continued
out of sight, he said. The names of the agents have not been released
pending the outcome of the investigation, he said.

At about the same time, the second ATV was encountered by other agents
at a different location, Mr. LaFountain said. Its driver fled on foot
and was still being sought as of Tuesday afternoon.

A few minutes later, rescue personnel were called to 868 Route 122
after Mr. Fleury turned up there suffering from a gunshot wound. He
was taken to Alice Hyde Medical Center, Malone, and was later taken to
Fletcher Allen Health Care, Burlington, Vt. Initially reported to be
in critical condition, he was reported to be in stable condition
following surgery.

The search for the second ATV operator, whose identity was still
uncertain Tuesday, is continuing as is a search of the area in which
the incident took place.

"A preliminary search turned up several bags containing a large
quantity of marijuana," Mr. LaFountain said.

Three hockey bags containing more than 50 pounds of marijuana were
found in the woods near where the men were first spotted. State forest
rangers and conservation officers assisted state police with the search.

Warrants to permit searches of the ATVs and several homes were being
sought, Mr. LaFountain said.