Arrest photo of Daniel Michael Cleary at Williamson County, Texas, jail
Taken Dec. 23 at Walmart in Jackson, TN
ROSWELL, GA (CBS ATLANTA) -
Roswell police said officers found the two brothers from Suwanee who were the subject of a nationwide Amber Alert. They were found unharmed in Austin, TX.
Roswell police requested the nationwide alert after discovering that the father, Daniel Cleary, a Roswell resident, had violated a court order by not communicating for several days with his ex-wife about the location of their children. He failed to return them to their mother's home on Wednesday.
Theresa Nash had last heard from her two sons, Henry Cleary, 7, and Ben Cleary, 9, when they were in Tennessee.
"They were going on a trip there - that's where they called me from. And said they were going there to a hotel for an evening. And then when they were supposed to return home, they never returned home," said Nash.
The children and their father were spotted on surveillance video on Dec. 23 and 24 at a Walmart in Chattanooga, TN.
Daniel Cleary was supposed to return the boys to their mother at 2 p.m. on Dec. 26, but he didn't.
Nash went to Daniel Cleary's house that day and found no one home. She said his home had been cleared out.
Investigators believed that the boys were in extreme danger.
"He bought a Glock a month ago," said Nash. "He is drinking. He is under extreme stress because he probably realizes that he's kidnapped the kids and there's now an Amber Alert."
Saturday afternoon, a citizen recognized the Cleary brothers from the Amber Alert at the Crossland Economy Studios located on Hymeadow Drive in northwest Austin. That person called 911 at 5:11 p.m. CST.
When officers arrested Daniel Cleary at the hotel, he was carrying a handgun and a large sum of cash according to Cpl. Wutnipong Tantaksinanukij of the Austin Police Department.
Nash's one wish will apparently come true. She told CBS Atlanta News that she wanted to see her boys come home safely. She says there's a present waiting for them when they do.
"Santa Claus brought them an Xbox 360 and they have begged all year for that and I told them no. It's waiting under the tree so you need to come back soon because you're going to be out of your mind with excitement," said Nash.
Copyright 2012 WGCL-TV (Meredith Corporation). All rights reserved.
Wednesday, June 19 2013 6:28 PM EDT2013-06-19 22:28:05 GMT
A Woodstock police officer has been placed on paid administrative leave after a police dog was left in his car and died of a heat stroke. The 3-year-old Spartacus, a Belgian malinois, was found dead insideMore >
A Woodstock police officer has been placed on paid administrative leave after a police dog was left in his car and died.More >
Wednesday, June 19 2013 5:14 PM EDT2013-06-19 21:14:11 GMT
National Beef Packing Co., a Liberal, Kan., establishment, is recalling approximately 22,737 pounds of raw ground beef products that may be contaminated with E. coli O157:H7. The problem was discoveredMore >
National Beef Packing Company - a Liberal, KS, establishment - is recalling approximately 22,737 pounds of raw ground beef products that may be contaminated with E. coli O157:H7.More >
Wednesday, June 19 2013 12:00 PM EDT2013-06-19 16:00:26 GMT
Police in Alpharetta seized 188lbs. of marijuana along Waters Run Drive after a resident complaint. Officers arrived at the unoccupied home and stumbled upon a large professional grow operation. AMore >
Police in Alpharetta seized 188 pounds of marijuana along Waters Run Drive after a resident complaint.More >
Wednesday, June 19 2013 11:39 AM EDT2013-06-19 15:39:58 GMT
Let's face it. When Prancercise was released in 1989, it was too far ahead of its time for people to appreciate. Nearly 25 years later, we've all finally caught up and caught on … including John Mayer,More >
Nearly 25 years later, we've all finally caught up and caught on to Prancercise, including John Mayer, whose new video, Paper Dolls, pays homage to the fitness craze more than two decades in the making.More >
Tuesday, June 18 2013 8:20 AM EDT2013-06-18 12:20:27 GMT
Festival promoter Peter Conlon officially announced the September dates, music lineup and the addition of a third stage to Music Midtown 2013. The festival returns Friday, September 20 and Saturday, SeptemberMore >
Festival promoter Peter Conlon officially announced the September dates, music lineup and the addition of a third stage to Music Midtown 2013.More >
Wednesday, June 19 2013 6:21 PM EDT2013-06-19 22:21:02 GMT
Atlanta police officers were involved in a shooting around 3400 Lenox Drive NE. No injuries reported at this time. CBS Atlanta News has a crew headed to the scene. Copyright 2013 WGCL-TV (MeredithMore >
An Atlanta police officer was involved in a shooting near Lenox Mall.More >
Tuesday, June 18 2013 8:45 PM EDT2013-06-19 00:45:28 GMT
Is a scooter gang targeting other newer scooters in southeast Atlanta? That is the question Sinan Sinharoy is asking after his SYM model DD50 scooter was stolen from his gated parking lot and replacedMore >
Is a scooter gang targeting other newer scooters in southeast Atlanta? That is the question Sinan Sinharoy is asking after his SYM model DD50 scooter was stolen from his gated parking lot and replaced with an older scooter.More >
Wednesday, June 19 2013 11:28 AM EDT2013-06-19 15:28:50 GMT
Henry County police are searching for a man they say robbed a gas station early Monday morning.A man wearing a dark rain hat, large loose fitting dark T‐shirt over a bright blue shirt, black pants, whiteMore >
Henry County police are searching for a man they say robbed a gas station early Monday morning.More >
Tuesday, June 18 2013 9:23 AM EDT2013-06-18 13:23:30 GMT
A 5-year-old girl set up a lemonade stand across the street from the Westboro Baptist Church compound, and now the group is targeting her. Jayden Sink raised nearly $200 on Friday while she sold lemonadeMore >
A 5-year-old girl set up a lemonade stand across the street from the Westboro Baptist Church compound, and now the group is targeting her.More >