pat brosnan, stand by, we continue with continuing coverage right here on fox. >> 5:00 p.m. in new york, a big win for law enforcement relief for the people of upstate new york as we have been reporting 35-year-old david sweat an inmate who escaped from the correctional facility is in custody and we are told he has been shot by new york state trooper as he walked down a potentially road in constable new york, which is only five miles from the new york-canadian border. we are told that he is in stable and not life threat being condition and right new at the medical center in nearby malone new york, that is where his accomplice richard matt, the fellow escapeee was shot and killed on friday. matt police say according to reports, was apparently drunk when he had a shotgun and refuse ed to throw it down. we do not know the condition or the situation that had to do with matt being taken into custody but it is a major win and victory by law enforcement that has been going on these last three weeks now captured and no report of law enforcement officers injured or if he was caught i