2011-J2360
LEGISLATIVE RESOLUTION honoring Trooper James D. Cleary upon the occa-
sion of his designation as the recipient of a Superintendent's Commenda-
tion Award at the 35th Annual New York State Police Awards Day Ceremony
on May 19, 2011
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 James D. Cleary, of Troop B, Ray Brook, New York, upon the occa-
sion of his designation as the recipient of a Superintendent's Commenda-
tion Award; and
WHEREAS, Trooper James D. Cleary received the award in recognition of
his outstanding police work at the 35th Annual State Police Awards Day
Ceremony, held at the New York State Police Academy in Albany on Thurs-
day, May 19, 2011; and
WHEREAS, On September 16, 2010, at 5:43 p.m., SP Ray Brook received a
call from a man who reported that he had gone to check on a seasonal
residence owned by his father in the Town of Brandon, Franklin County,
and discovered a male intruder in the residence; and
WHEREAS, The complainant advised that the intruder yelled at him to
"Freeze!"; the complainant immediately fled the building and stated that
he heard what he believed to be a gunshot as he was fleeing the resi-
dence; and
WHEREAS, Troopers from surrounding installations responded to the
residence and, as they approached, a rifle was discharged in their
direction; the responding troopers established a perimeter around the
building and requested SORT, BCI, and hostage negotiators respond to the
scene; and
WHEREAS, Crisis negotiators from Troop B were unable to establish any
communication with the intruder, who continued to sporadically fire a
weapon toward the troopers; the standoff continued into the night; and
WHEREAS, At 11:39 p.m., Sergeant John R. Coryea, SP Plattsburgh,
utilizing a thermal imager, observed the intruder exit the building and
begin to walk down the driveway toward Walkerville Road; Trooper
Beattie's Division K-9, Cully, immediately alerted to the perpetrator's
presence; and
WHEREAS, Trooper James D. Cleary illuminated the perpetrator with his
patrol rifle-mounted light; the perpetrator failed to comply with Troop-
er Cleary's repeated orders to drop his weapon, and leveled the rifle at
Trooper Cleary; and
WHEREAS, Trooper Cleary and Trooper Beattie courageously defended
themselves and the other troopers by discharging their weapons at the
perpetrator, who was struck in the chest and fell to the ground; and
WHEREAS, The perpetrator was taken into custody, given medical assist-
ance by SORT members, and transported to Alice Hyde Medical Center for
treatment; he was later transferred to Albany Medical Center with non-
life-threatening injuries and was charged with two counts of Attempted
Murder 1st Degree, one count of Attempted Murder 2nd Degree, Burglary,
Menacing, and Criminal Mischief; and
WHEREAS, Trooper James D. Cleary is to be commended for his actions;
his decisiveness, training, courage, and experience clearly led to the
arrest of the armed perpetrator, without injury to any State Police
members; and
WHEREAS, In keeping with the finest traditions of the New York State
Police, Trooper James D. Cleary has distinguished himself by his exem-
plary 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
James D. Cleary, who unselfishly devote their lives to the preservation
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 James D. Cleary upon the occasion of his designation as
the recipient of a Superintendent's Commendation Award at the 35th Annu-
al New York State Police Awards Day Ceremony on May 19, 2011; and be it
further
RESOLVED, That a copy of this Resolution, suitably engrossed, be tran-
smitted to Trooper James D. Cleary.