We now know former State Trooper Matt Brannock never fired a shot.
Prosecutors said he didn't have time.
At former Franklin County Sheriff's Deputy Jonathan Agee's plea hearing today in Montgomery County Circuit Court, prosecutors said Brannock escaped through the passenger side of his squad car, then he leaped over a guard rail and down a slope near the interstate.
One of Agee's rounds hit Brannock in the leg, Montgomery County Commonwealth's Attorney Mary Pettitt said.
After firing at least 13 rounds at Brannock, Pettitt said Agee then drove away.
Agee will be sentenced on May 7 in Roanoke Circuit Court.
He pleaded no contest in Roanoke earlier this month to murdering his ex-wife at a Roanoke Sheetz shortly before his encounter with Brannock.
Agee could get life in prison.
Brannock left the state police for a job at the Martinsville Speedway.
From Scott Leamon, Fox 21/27 reporter at the courthouse
Agee pleads no contest to four charges, including shooting State Trooper Matthew Brannock in the leg back on Memorial Day 2011.
Former Franklin County Sheriff's Deputy Jonathan Agee is scheduled to plead no contest to wounding a state trooper back on Memorial Day 2011.
The hearing is set to begin at 1 p.m. in Montgomery County Circuit Court.
Investigators believe Agee shot former Virginia State Trooper Matt Brannock on the side of Interstate 81 after a brief car chase.
Police were looking for Agee after investigators said he shot and killed his ex-wife in Roanoke.