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FREMONT COUNTY, COLO. -- According to court documents Joshua McBride meant to shoot his brother early Sunday morning but he didn't mean to shoot him with live ammunition.

Fremont County Sheriff deputies responded to McBride's home on Holiday Hills Drive around 12:30 Sunday morning and found his brother Daniel McBride dead inside a bedroom.

Deputies later arrested Josh for murder.

According to his arrest affidavit a night of drinking took a deadly turn after Dan became violent.

The documents said the two were drinking along with Josh's girlfriend when Dan "snapped."

Josh and Dan started fighting and Josh's girlfriend tried to step in. Then Dan started fighting with her.

Josh told deputies that's when he went to grab a shotgun that he thought was loaded with "bean-bag ammunition."

He said he had recently used the gun to scare away bears.

The documents said Dan asked Josh what he was going to do with the gun and then started towards him.

Josh told deputies he fired the gun when Dan was about eight feet away and struck him in the stomach.

The documents said Dan fell to his knees and Josh thought he had knocked the wind out of his brother until he saw blood and "his intestines."

Josh's girlfriend then attempted CPR but Dan was pronounced dead at the scene.

Josh dislocated his shoulder during the fight and told deputies he felt "helpless" because he couldn't do anything for his brother.

Josh was arrested for second degree murder.

He is currently out on bond.