CBS/AP/ December 30, 2012, 3:30 PM

Missing Ga. boys located in Texas, father held

The Cleary brothers, missing from their home in Georgia, were found with their father, Daniel Cleary, in Austin, Texas, after a nationwide Amber Alert.

The Cleary brothers, missing from their home in Georgia, were found with their father, Daniel Cleary, in Austin, Texas, after a nationwide Amber Alert. / WGCL

Police said two young boys from Georgia who were reported missing this week were found safe in Texas on Saturday.

CBS Affiliate KEYE reports Austin police arrested their father, Daniel Cleary, of Roswell, Ga., the man responsible for a nationwide Amber Alert.

Brothers Ben and Henry Cleary — ages 9 and 7 — were visiting with their father and were supposed to return home Wednesday. An Amber Alert was issued the next day.

Roswell Police Lt. James H. McGee said that the 46-year-old Cleary was taken into custody Saturday evening in Austin.

"We have recovered the kids," McGee told The Associated Press. "They were with him and they were OK."

Cleary was arrested on two outstanding warrants.

Austin police said a citizen had recognized the boys from the alert and notified police at 5:11 p.m. CDT that they were at a hotel.

Officers "observed the suspect and the two boys, and recovered the two boys and took the suspect into custody," Austin police Lt. James Nisula.

The children's mother, Theresa Nash, spoke to the boys by phone and was on the way to get them.

She had told CBS Affiliate WGCL that she was concerned because Daniel Cleary had purchased a firearm about a month ago, was under stress and drinking.

Police said they did not know if Daniel Cleary was in possession of a firearm when he was taken into custody.

McGee said authorities will arrange for Daniel Cleary's extradition to Georgia. He faces a charge of interstate interference with custody, a felony. McGee said police will discuss with prosecutors whether other charges will be brought.

Police on Friday had released surveillance footage showing the two missing boys at a Walmart in Tennessee on Dec. 23 and 24 with their father. Though initial reports were that the Walmart was in Jackson, McGee said it was in fact in Chattanooga.

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
5 Comments Add a Comment
linkicon reporticon emailicon
le5lie says:
Its tragic all the way around; most of all for the kids. Kids this love both parents and see themselves as made of both parents. Ill will and toxic talk toward the other parent in front of the kids, harms the kids. Why we can't seem to truly put the needs of the kids first is beyond me. I am a survivor of domestic violence from an undiagnosed bi-polar Jeckel/Hyde type. I live in fear that he'll snap and harm our girls or run with them like this dad did. We he's good, he's nice enough (if narcissistically motivated); when he's bad, he rages and blames. We never know what will set him off, usually if his sense of entitlement is offended. Still, I try to support my girls relationship with him; they see him every other weekend. They will figure him out as they get older. It ties me in knots, but it's the right thing to do.
reply
linkicon reporticon emailicon
iamkadosh says:
Pardon me---I am fixing my sentences.

They should consider spirituality as a way to fix the problem. Grounding the person to that level brings long term solutions.
reply
linkicon reporticon emailicon
iamkadosh says:
I think the law is unfair to men. I find men are weaker mentally than women and they just don't know how to cope with separations, divorces, break-ups, and infidelities.
This man, obviousley is suffering, but the system does not have a solution where the issues of men are addressed, only jail. That is not a solution. That, does not help the person, it only makes things worse.
It is not the fist the solution for the things of the soul or heart. It needs a different approach.
They should consider spirituality as a way to fix the problem. Ground the person that level, it is only long term solution.
reply
linkicon reporticon emailicon
Sydonia56 says:
Just out of curiosity please explain why you would not continue to attempt to contact your children, regardless of the animosity you hold against your ex wife? If letters, birthday cards, Christmas gifts are sent and returned keep them as proof when your child becomes of age, it will show them you made the effort to stay in contact with them. Your children only know what they are told, they live their whole life thinking they were worthless in your eyes, and I'm sure some of the things said by your ex wife was with malice. I have a friend that kept everything he sent that was returned. Once his kids were adults and away from their mothers influence they confronted him for abandoning them, he pulled out a box of unopened letters and packages and gave them everything. Because of that his children realized they weren't abandoned and in fact their dad did try, he loved them and did not leave them. They had a few years of a loving relationship before he died, but they knew he had never given up on them. And that act alone proved more to his children than anything their mother attempted to destroy. Think about your kids, they will find you and what answer will you have for them?
reply
linkicon reporticon emailicon
Ulgnud says:
When going through a divorce the guy starts out as the low snake that took advantage of the innocent girl. Next, try to get the ex wife to live up to her end of the commitments. I am not surprised guys take action on their own, or simply abandon them. The ex wants her next squeeze to play father so the children end up so poisoned against their own fathers there is little point in trying to be a responsible father. Sadly I have seen it when grown children finally realize how they were lied to and it is too late to make up for lost time.
reply