Arrest photo of Daniel Michael Cleary at Williamson County, Texas, jail
Taken Dec. 23 at Walmart in Jackson, TN
ROSWELL, GA (CBS46) -
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.
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