OGDEN — A man originally charged with two counts of attempted aggravated murder in an Ogden gun battle has agreed to plead guilty to reduced charges of aggravated assault.
Ogden police arrested Jose Bustos after, according to charging documents, he traded gunfire with his estranged wife on June 13.
The 33-year-old Bustos’ attorney, Emily Swenson, filed a proposed plea agreement in 2nd District Court on Monday that says Bustos will plead guilty to two counts of second-degree felony aggravated assault and two counts of third-degree felony discharge of a firearm.
In return, assistant Weber County attorney Patrick Tan agreed to drop six other felony charges stemming from the shootout.
Judge Camille Neider has not yet accepted the plea deal and Bustos’ next court appearance has not been scheduled.
A first-degree felony conviction carries a sentence of five years to life in prison, while the term for a second-degree felony is one to 15 years.
An Ogden Police Department arrest affidavit said Bustos first threatened his wife and her boyfriend with a gun and then the woman drew her own handgun and fired two shots at her husband.
“The victim believed she was about to be killed,” the affidavit said.
Bustos then allegedly drove away, turned around and fired four shots at the others as they dove for cover, the affidavit said.
No one was hit.
Police said the shooting capped an escalating conflict between the estranged couple, involving domestic abuse by Bustos and gang threats.
Bustos had just dropped off their five shared children at his wife’s Eccles Avenue house and he was driving away when she arrived, dropped off by another car.
They began arguing, and Bustos drew a handgun, police said.
During pretrial proceedings, the Weber County Attorney’s Office granted immunity from prosecution to the woman and her boyfriend in return for their testimony against Bustos.