Missing Georgia boys located in Austin

ATLANTA, Georgia (KXAN/AP) - Police said two young boys from Georgia who were reported missing this week have been located in Texas and their father is in custody and facing charges.

Brothers Ben and Henry Cleary — ages 9 and 7 — were visiting with their father, Daniel Cleary, of Roswell, and were supposed to return home Wednesday. An Amber Alert was issued Thursday.

Roswell Police Lt. James H. McGee said authorities learned Saturday evening that 46-year-old Daniel Cleary had been recognized in Austin and placed in custody. McGee said "we have recovered the kids. They were with him and they were OK." Cleary was booked into the Williamson County Jail as a fugitive from justice.

Austin police said a citizen had recognized the boys from the alert and notified police 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 told FOX 5 Atlanta they were "battling each other on their IPads and planning Henry's birthday party."

Nash had told WGCL-TV in Atlanta 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.

McGee said authorities will arrange for Daniel Cleary's extradition. He faces a charge of interstate interference with custody, a felony.