updated 8:18 p.m. ET Jan. 7, 2009

MINNEAPOLIS - Two felony charges against Vikings great Carl Eller were dropped Wednesday as part of a deal that calls for a judge to rule on two lesser charges stemming from his clash with police last April.

Eller waived his right to a jury, to call witnesses and to cross-examine witnesses, the Hennepin County Attorney’s office said.

A judge will now decide whether Eller is guilty of one count of fourth-degree assault on a Minneapolis police officer and one count of refusal to submit to a field sobriety test. A decision is to come by Jan. 26.

As part of the agreement, prosecutors dropped the felony charge of making terroristic threats and the gross misdemeanor charge of driving while impaired. Prosecutors also reduced the charge of assault on a police officer from a felony to a gross misdemeanor.

Eller still faces another count of refusal to take an alcohol test with a prior DWI conviction.

Prosecutors will only present three pieces of evidence: the amended complaint, video taken during the arrest and a 49-page police report.

Judge Dan Mabley will decide the case. Potential jurors were waiting in the hall of Hennepin County District Court to be questioned for Eller’s trial, which was to begin Thursday, when the deal was reached.

The 66-year-old Hall of Fame player was arrested after he allegedly drove through a stop sign and narrowly missed hitting a squad car. Officers followed him home, where they say he became combative. Eller has sued police, contending officers intentionally hid or destroyed video evidence.

Eller’s attorneys, Albert Goins Sr. and Rick Petry, declined to comment as they left court, saying the case is still under consideration. Paul Scoggin, chief of the criminal division for the county attorney’s office, announced the deal in court but had no comment.

Minneapolis police will have no comment on the agreement until after the judge’s decision, police spokesman Sgt. Jesse Garcia said.

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