The 14th Judicial District Critical Incident Team is investigating the “use of force” during the incident involving 46-year-old Brian McCleary, the South Routt man who was allegedly in possession of 247 grams of cocaine in late October, according to Routt County Undersheriff Joshua Carrell.

After a K-9 indicated there were drugs in McCleary’s vehicle during a traffic stop on County Road 14B, McCleary fled the scene. When deputies cornered him, he allegedly ran his vehicle into two law enforcement vehicles. 

According to a sheriff’s office news release sent the night of the Oct. 24 incident, when McCleary “rammed” the law enforcement vehicles, a deputy subsequently “attempted to disable the vehicle by shooting at a tire.”

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

According to the affidavit requesting McCleary’s arrest, deputies “attempted to use less lethal force” to get McCleary out of his car but were unsuccessful. “Less lethal force,” according to Carrell, is any use of force that is not deadly, including the use of pepper spray, tasers, police batons, rubber bullets and other non-lethal weapons.

The affidavit does not describe the shot fired by a deputy. Carrell said that information was not included because “an affidavit is nothing more than a probable cause statement to support an arrest.”

The news release added that the 14th Judicial District Critical Incident Team was “activated to assist in the investigation” the night of the incident.

According to the Colorado 14th Judicial District Critical Incident Team Policy and Procedures & Memorandum of Understanding, a critical incident is defined as an event where fatal or near-fatal injury occurred and a law enforcement agency employee is involved.

The document also states that “an officer-involved shooting whether or not injury occurs” constitutes a critical incident.

Although no one was injured in the shooting incident, Lt. Nate Businger of the Moffat County Sheriff’s Office, who is the team coordinator of the investigation being conducted by the Critical Incident Team, stated that “any use of force that was used during the incident and the discharge of a firearm” is being investigated.

The 14th Judicial District Critical Incident Team consists of agencies from across Routt, Moffat and Grand counties, and the county coroners from each county. The team consists of at least one representative from each participating agency.

Currently, Businger and lead investigator Sgt. Kurtis Luster of the Moffat County Sheriff’s Office are working on getting a full report submitted to the District Attorney’s Office for review.