OGDEN — A 32-year-old man is behind bars on two charges of attempted murder related to a gun battle on an Ogden street June 13.
The Weber County Attorney’s Office on Monday filed those two charges, plus eight other felony counts, against Jose Alfredo Bustos. He remained held without bail Tuesday in the Weber County Jail.
One of the alleged victims — a woman who had six children with Bustos — expected trouble and fired at Bustos in the confrontation, according to an Ogden Police Department probable cause statement.
No one was injured in the gun battle.
Police arrested Bustos Saturday in a Monroe Boulevard dollar store parking lot.
The arrest affidavit said Bustos waived his Miranda rights and admitted participating in the shooting, but he said he fired only after someone shot at him.
He told officers he had bought a 9 mm pistol for $50 and had it with him when he returned his children to the home “because he suspected something might happen,” the affidavit said.
Officers said they found three bullet holes in Bustos’s car, which was seized for further evidence processing. Bustos told officers he destroyed the gun the day after the shooting, the affidavit said.
Police said that based on interviews with witnesses, including two alleged victims, and video evidence, they determined that Bustos was driving away from the home after dropping off five children when the woman and her boyfriend arrived.
Bustos turned around, returning to the residence, and the ex-couple exchanged obscenities, the affidavit said.
Bustos allegedly pointed a semiautomatic handgun at the woman and shouted a gang name, according to the document.
Because of past death threats and instances of domestic violence, the woman “believed she was about to be killed” and drew her own handgun, the document said.
She fired a few shots at Bustos, who drove away a short distance, turned around and drove back toward the woman and her boyfriend, the document said.
Bustos fired four shots at the pair, who dived for cover behind the woman’s van, and then drove away, police said.
Police said one slug hit the house, where the children were.
The woman showed police text messages in which Bustos allegedly “made specific threats to come to the home and murder the victim, her boyfriend, the family” and kill himself, the police statement said.
According to 2nd District Court records, Bustos was awaiting trial in connection with an April 13 domestic disturbance call at the same home. Officers said they found Bustos in possession of a handgun and a knife, which they confiscated.
In addition to the first-degree felony attempted murder charges in the June 13 shooting, prosecutors filed eight third-degree felony charges against Bustos.
They included four counts of domestic violence felony discharge of a firearm; one count of obstructing justice; one count of use of a firearm by a restricted person; and two counts of committing domestic violence in the presence of a child.
Bustos did not have an attorney of record as of Tuesday afternoon.