The circumstances leading up to the death of Scott O'Grady are described in documents released by the Bent County District Court Friday.

In an affidavit for probable cause, Bent County Sheriff's Office Deputy Matthew Nesslage reported that he was summoned to a home in the 400 block of Locust Avenue just before 3 a.m. Jan. 3.

Upon his arrival, Nesslage said he was met by Donald Busto, who told Nesslage he shot O'Grady while the two were in the living room, the document states.

Prior to his arrest, and later at the jail, Busto is alleged to have admitted to shooting O'Grady twice in the chest with a .22 rifle.

During an interview later that morning with BCSO Investigator Vincent Fraker and Agent Kevin Torrez of the Colorado Bureau of Investigation, the report states, Busto said he and O'Grady got into an argument because O'Grady was reading private messages and conversations on Busto's phone.

The affidavit goes on to state that Busto told investigators that O'Grady got up and angrily confronted him. Busto, who had been seated with the rifle in his lap, stood up and warned O'Grady he would shoot him. Busto then allegedly fired a warning shot into the living room floor near O'Grady's feet. After more "agitation" from O'Grady and, according to Busto, O'Grady moving toward him, Busto allegedly shot O'Grady twice in the chest cavity.

Nesslage stated in his report that O'Grady's body felt cold to the touch when he first arrived at the scene. When asked by investigators why he had taken so long to call authorities, Busto allegedly said that he smoked some meth, drank some whiskey and destroyed another quantity of meth before summoning the police. He also allegedly said he contemplated how best to get rid of O'Grady's body.

During a search of the residence, authorities located approximately one ounce of meth, butane torches and glass pipes, along with a .22 rifle and ammunition for that weapon.

Busto is facing charges of second degree murder, tampering with physical evidence and unlawful possession of a controlled substance.

He's being held in the Bent County Jail; bond has been set at $50,000.

Busto is set to appear in District Court with his attorney on Jan. 23.

jfairman@chieftain.com