Suwanee brothers found safe in Austin, father arrested

Police say a tip has led to the arrest of Daniel Cleary and the safe recovery of his two sons who were the subject of a nationwide child abduction alert since Thursday afteoon.

Police say that an alert motel guest recognized Cleary from national news reports. Austin police arrived at the Crossland Economy Studios on Hymeadow Drive just after 5 p.m. local time and took Cleary into custody without incident.

They have impounded Cleary's vehicle and trailer. They say he had a gun on him at the time of his arrest. Police plan to search the vehicle, trailer and motel room.

A spokesperson for the Austin Police Department during a press conference Saturday evening says that Cleary faces charges of interfering with child custody both in Georgia and Federal courts. He is currently awaiting extradition in the Williamson County Jail.

The mother of the two children, Theresa Nash, spoke with FOX 5 Atlanta shortly before boarding a flight to Texas. She says that her two son 9-year-old Ben and 7-year-old Henry were outside the motel playing with Nerf guns when the police arrived. They were checked out by officials and appeared unharmed.

Nash says they were "battling each other on their iPads and planning Henry's birthday party" the last time she talked to them. She has talked to them several times since they were found and said they were in good spirits. She expects to be in Austin early Sunday moing, but says they might stay Sunday in Austin.

Roswell Police Department spokesperson Lt. James H. McGee tells FOX 5 News that the guest at the motel in Austin who spotted them was able to find out more information on the abduction through posts on various social media sites like the Facebook page set up to help find the two boys. They then called the front desk to report it.

Nash reported her sons missing after Cleary picked the boys up on December 19 but did not retu them to her custody as he was supposed to do.  Police say Cleary is supposed to have daily contact with Nash, but she has been unable to reach him since December 22.

A Levi's Call was issued for the boys on Thursday afteoon.  At the time of the alert, Cleary and his sons were believe to be traveling in Tennessee, where the surveillance photos from the Walmart store were captured.

Friends of the family say they will continue with their planned prayer vigil at the Suwanee Town Center on Sunday afteoon, but the 2 p.m. event will now be a thanksgiving prayer. Nash says it is unclear if she and boys will be able to make the event.