The defense for a Dallas-area man accused of striking and killing Smith County Deputy Lorenzo Bustos last July while driving intoxicated has asked for the deceased deputy's personnel and disciplinary records.
Daniel Nyabuto, 22, of Grand Prairie, is charged with intoxication manslaughter and aggravated assault with a deadly weapon in connection with the death of Smith County Deputy Lorenzo Bustos and injuring Deputy Michael Skinner on July 28, 2022.
During a pre-trial hearing Monday, the defense and prosecution addressed various motions and evidence before Nyabuto's trial on Dec. 4 in the 7th District Court. Jury selection will be that day and testimony will start the next day.
Bustos, 29, who was in his final phase of training, was on patrol with Skinner in the later hours of July 28 and had performed a traffic stop with emergency lights activated on the patrol unit, the Smith County Sheriff's Office said. The deputies had two people in the vehicle in handcuffs and put them in the back seat of the unit.
At approximately 12:15 a.m. on July 29, the other deputy, Michael Skinner, called emergency services saying that Bustos had been hit by a different vehicle. The sheriff's office said Bustos was flown to a Tyler hospital, where he died in the ICU. Nyabuto was identified as the driver and arrested.
Defense attorney Matt Bingham asked for Bustos’ personnel and disciplinary records saying there could be a theory for the defense within the documents.
Bingham said the patrol vehicle was in the roadway that traffic traveled on while Bustos and Skinner had performed the stop. Bingham said Bustos was walking toward oncoming traffic and talking on his cell phone when the collision happened.
The attorney also claimed Bustos was not wearing reflective vests while it was dark outside. Personnel records would show what Bustos' training taught him and possibly prove negligence on Bustos’ part.
Nyabuto's defense also asked the prosecution for an inventory of what was inside the patrol car, such as reflective clothing, cones and other items.
Defense attorneys also asked for the personnel records of Skinner and Texas Department of Public Safety trooper Cody Gayle, who wrote the warrant and affidavit for Nyabuto's blood alcohol content test.
Judge Kerry Russell denied the defense's request to subpoena Judge Taylor Heaton, the judge who swore Gayle in for the warrant for Nyabuto's blood test.
Smith County attorney Thomas Wilson represented Heaton in court and said testimony from others like Gayle would suffice and there is no reason for Heaton to testify to resolve an issue.
Gayle also took the stand Monday for the defense to question him on whether or not Heaton had him swear that contents of that affidavit were true.
In the video shown in court, Gayle said he sent the blood warrant and affidavit to Heaton. Gayle said he didn't recall Heaton’s exact wording, but Heaton did ask him if everything in the affidavit was true and correct.
Gayle testified in court he didn’t lie in the document. Heaton did not warn him that he would get in trouble if the affidavit had false information. Gayle said that was just a given.
Following Gayle's testimony, Russell said evidence showed an oath was made and he then denied the motion to the remove the blood warrant from evidence.
Russell concluded the hearing by saying the case is set as number one on the docket and the trial is expected to last two weeks. The prosecution expects to take about a week to present its evidence.