Brian McCleary, the local man who hit two deputy vehicles on County Road 14B with his car and was allegedly in possession of 247 grams of cocaine in a late-October incident, was denied a lowering of his bond during a hearing Tuesday.
After a K-9 indicated there were drugs in his vehicle during a routine traffic stop, McCleary fled the scene. When deputies cornered him, he allegedly rammed into two law enforcement vehicles. 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.
According to the arrest affidavit, officers found 247 grams of cocaine in a plastic container near McCleary’s abandoned car the night of the incident. Law enforcement personnel believe the drugs belonged to McCleary.
In a previous hearing Oct. 29, the defense requested that the original $200,000 bond be lowered to $25,000 due to McCleary’s previous compliance in appearing for court, his longstanding residence in Routt County and his lack of ownership of a gun.
In that hearing, Judge Erin Wilson denied the request to lower the bond to $25,000, but did drop McCleary’s bond to $150,000.
During Tuesday’s hearing, McCleary’s attorney, Sean E. Brown, requested the bond be lowered to $100,000 with the requirement of a “24/7 ankle monitor.”
According to Brown, the ankle monitor would keep track of McCleary’s whereabouts, alcohol consumption and “anything else the court would be concerned about.”
The company providing the ankle monitor would be Advantage Treatment Centers, a Colorado organization that monitors and manages offenders through various forms of addiction treatment.
The daily charges associated with the ankle monitor would be paid by McCleary, stated Brown.
Brown stated that McCleary has listed his home in South Routt County for sale to make bail. According to Brown, McCleary’s child and the mother of his child are currently living in the home.
The defense further stated McCleary wishes to return to work, which according to Brown, is in construction. The status of McCleary’s employment is “to be determined.”
Brown argued that McCleary “is not a flight risk.”
Deputy District Attorney Joseph Bucci requested the court uphold the current bond due to “no change in the circumstances” since the last hearing.
“My concern with Mr. McCleary is in part whether he would show up to court based on the very serious allegations in this case, which includes a Class 1 drug felony,” Judge Wilson said.
The judge then stated that a personal recognizance bond is “not appropriate,” adding that ankle monitoring is not available to McCleary.
According to Judge Wilson, the 14th Judicial District has no pre-trial services program, and ankle monitors are “only available to people who are already on probation.”
Brown said McCleary’s girlfriend reached out to Advantage Treatment Centers about the availability of ankle monitors but was unable to provide documentation to confirm availability.
Judge Wilson denied the request, stating the information that Brown provided contradicted information previously provided by Advantage Treatment Centers. To her knowledge, she said, McCleary is ineligible for an ankle monitor.
Brown said that the defense will bring documentation to McCleary’s next hearing, which is set for 1:45 p.m. Friday. He will appear virtually from Routt County Jail.