The case against a South Routt man accused of possessing 247 grams of cocaine and hitting two law enforcement vehicles with his car in late October reached a plea agreement on Thursday, according to documents filed with the Routt County Combined Courts.

Brian McCleary, 47, turned himself in to the Routt County Jail on Oct. 25, 2024, after fleeing from law enforcement 48 hours earlier, causing a shelter-in-place order for South Routt communities the night of Oct. 23.

According to the affidavit for arrest, a Routt County sheriff’s deputy initiated the traffic stop around 10:45 p.m. Oct. 23 at the intersection of County Road 14 and County Road 14B due to speeding.

McCleary “immediately became uncooperative” and “refused to comply with deputies’ commands” after a K-9 gave deputies a positive indication on McCleary’s vehicle, according to the document.

McCleary then “rammed” his vehicle into two deputy vehicles “numerous times” before speeding off into a field, states the affidavit.

A sheriff’s deputy then used his handgun to shoot the front right tire of McCleary’s vehicle, according to a news release from the 14th Judicial District Attorney’s Office.

McCleary was charged with unlawful possession and distribution of a controlled substance — a Class 1 drug felony — as well as two counts of second-degree assault, one count of vehicular eluding, reckless driving and speeding.

According to the plea agreement, McCleary pleaded guilty to an amended count of controlled substance possession with intent to distribute, an amended count of menacing and one count of vehicular eluding.

The plea agreement comes following the District Attorney’s decision on May 27 not to file charges against the deputy who shot his weapon on the night of Oct. 23, stating that the deputy’s actions were “justified and not criminal,” according to a news release.

The document, signed by McCleary, his attorney, Sean Brown, and Deputy District Attorney Joseph Bucci, notes that all other counts are dismissed. Grand County-based District Court Judge Mary C. Hoak also signed the plea agreement.

The plea agreement also states that the agreement “may be rescinded” if McCleary is “accused of or charged with any new offense prior to sentencing,” fails to appear for a court date, violates any bond condition, or violates a protection order filed against him.

Hoak became the presiding judge over the case after Routt County-based District Court Judge Billy-George Hertzke recused himself from the case May 16, according to the Routt County Combined Courts clerk’s office.

The clerk’s office noted that no specific reason was cited in the recusal order filed with the courts.

McCleary could serve 2-4 years in the Department of Corrections for possession with intent to distribute a controlled substance, concurrent with 1-3 years for menacing and 1-3 years for vehicular eluding.

Restitution charges will be determined during McCleary’s sentencing hearing, scheduled for Aug. 28.