The man who allegedly hit two Routt County Sheriff’s vehicles with his car and was allegedly found in possession 247 grams of cocaine last October was arrested again Monday after violating court orders, and then released due to a lack of evidence.

In late October, a K-9 indicated there were drugs in Brian McCleary’s vehicle during a traffic stop in South Routt County.

When deputies cornered him, the 46-year-old then fled the scene and allegedly rammed into two law enforcement vehicles, according to an affidavit. An officer allegedly shot at McCleary’s tire to disable the vehicle but was unsuccessful.

Officers were unable to locate McCleary the night of Oct. 24, causing a shelter-in-place order to take effect in South Routt County. McCleary then turned himself in to the Routt County Jail the following morning.

McCleary was later released from jail on Nov. 25 after his bond was lowered to $10,000 with the requirement of an ankle monitor and random urinalysis testing. The court ordered that he not consume alcohol or any controlled substance.

During a court hearing on Tuesday, Deputy District Attorney Zach Rosen stated that McCleary tested positive for cocaine Dec. 26 after taking an oral swab test.

On Jan. 17, the court issued a warrant for his arrest. However, McCleary did not turn himself in to Routt County Jail until Monday, according to Rosen. 

Rosen added that McCleary had been “fully aware” of the warrant for his arrest since Jan. 22. The prosecution asked the court to set bond at $200,000 due to the “egregious” violation of his “flexible release terms.”

Routt County Judge Erin Wilson stated that the Advantage Treatment Centers office in Steamboat Springs, the organization in charge of conducting McCleary’s drug tests, did not specify what type of test was conducted in the report to the court. 

Advantage Treatment Centers also did not provide a copy of the test report, according to Wilson.

Wilson added that the court ordered urinalysis testing, not the oral swab testing, and is unsure why the swab testing was conducted.

Rosen was unable to provide a reason for the change in the type of testing, nor could he provide a copy of the test report.

In response, McCleary’s attorney, Sean Brown, argued that McCleary has been compliant with court orders and was “very shocked” when the test results came back positive for cocaine.

According to Brown, Advantage Treatment Centers then gave a hair follicle test, which provides results for up to 90 days, and that later came back negative. 

Brown stated that about 2.1% of cocaine testing provides a false positive, and McCleary has completed 17 tests as of Tuesday. Brown then added that the arrest is an “embarrassment” to be “appearing in the paper again.”

The defense requested that McCleary be released from jail that day because he had been “successfully abiding” by court orders.

Judge Wilson stated that she was operating on limited information due to the lack of a test report, and added that McCleary had been complying with GPS monitoring. Wilson then denied the motion to increase his bond and let his previous $10,000 bond remain posted.

As a result, McCleary was released from Routt County Jail. He is still required to comply with previously stated court orders, which includes random urinalysis testing and GPS monitoring. 

McCleary’s next court appearance is scheduled for 10 a.m. March 4.