LEGISLATIVE RESOLUTION honoring Trooper Dustin E. Fleishman upon the
occasion of his designation as the recipient of a Superintendent's
Commendation Award at the 33rd Annual State Police Awards Day Ceremony
on May 11, 2009

WHEREAS, The quality and sanctity of community life are cherished
values, worthy of safeguarding; this Legislative Body is moved to honor
those who preserve and protect such values, lauding particularly their
unwavering courage and dedication in the daily performance of their
duties; and
WHEREAS, Attendant to such concern, and in full accord with its long-
standing traditions, this Legislative Body is justly proud to honor
Trooper Dustin E. Fleishman, of Troop B in Ray Brook, upon the occasion
of his designation as the recipient of a Superintendent's Commendation
Award; and
WHEREAS, Trooper Fleishman will receive the award in recognition of
his outstanding police work at the 33rd Annual State Police Awards Day
Ceremony, to be held at the New York State Police Academy in Albany on
Monday, May 11, 2009; and
WHEREAS, On August 27, 2008, a multi-agency search was conducted for
Donald L. McCray, who had contacted 911 making suicidal threats; the
search was suspended that evening due to the terrain and the onset of
darkness; the following day, at approximately 4:13 p.m., Mr. McCray
placed a second 911 call to advise that he was armed and intended to
take his own life; his location was traced, via cell tower activation,
to the town of Harrietstown, near Coreys Road; another multi-agency
search for Mr. McCray was started, and he was eventually observed in a
wilderness lean-to before fleeing in a canoe, north along the Racquette
River; and
WHEREAS, Trooper Fleishman and Trooper George M. Stannard boarded a
small boat with New York State Forest Ranger Julie A. Harjung, who navi-
gated it out into the river; there Mr. McCray was encountered approxi-
mately 500 feet from shore pointing the muzzle-loading rifle at his
head; from the small boat, Trooper Stannard initiated a dialogue with
Mr. McCray which continued for more than an hour, attempting to gain his
confidence and dissuade him from his intentions; Trooper Stannard main-
tained this dialogue despite the danger and the onset of darkness,
utilizing the light that could be provided by troop car headlights on
shore; and
WHEREAS, Trooper Stannard convinced Mr. McCray to bring his canoe
closer to the Troopers' boat, while Trooper Fleishman and Trooper Stan-
nard covered his movements with Division shotguns; Trooper Stannard
observed Mr. McCray lower his rifle and quickly acted to disarm him by
striking his hand with an expandable baton; Trooper Fleishman, Trooper
Stannard, and Ranger Harjung immediately attempted to gain control of
the gun, but the weapon was discharged and a round struck Trooper Stan-
nard in the right hand; and
WHEREAS, Trooper Fleishman and Mr. McCray then fell into the water;
Ranger Harjung quickly transported Trooper Stannard to shore for medical
treatment and immediately returned to Trooper Fleishman's location with
additional law enforcement personnel; while still in the water, Trooper
Fleishman subdued Mr. McCray, who was then placed in the Ranger's boat
and transported to shore; he was subsequently arrested for Assault 2nd
Degree, arraigned in Harrietstown Town Court, and committed to the
Franklin County Jail; and
WHEREAS, Trooper Fleishman is to be commended for his actions; despite
grave personal danger, he maintained a calm demeanor and took decisive

action to disarm and subdue an unstable man, most likely preventing his
suicide; and
WHEREAS, In keeping with the finest traditions of the New York State
Police, Trooper Dustin E. Fleishman has distinguished himself by his
exemplary achievement and outstanding performance on behalf of the
community he so faithfully and courageously serves; and
WHEREAS, The dedicated efforts of public servants, such as Trooper
Dustin E. Fleishman, who unselfishly devote their lives to the preserva-
tion of order and the protection of others are worthy of the full praise
of this Legislative Body and the people of the State of New York; now,
therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
honor Trooper Dustin E. Fleishman upon the occasion of his designation
as the recipient of a Superintendent's Commendation Award at the 33rd
Annual State Police Awards Day Ceremony on May 11, 2009; and be it
further
RESOLVED, That a copy of this Resolution, suitably engrossed, be tran-
smitted to Trooper Dustin E. Fleishman.