TYLER, Texas — Editor's Note: The above video was published on Jan. 8, 2024.
Jurors on Tuesday found a Dallas-area man guilty of killing a Smith County deputy while driving intoxicated in July 2022.
Daniel Nyabuto, 22, of Grand Prairie, was convicted of intoxication manslaughter in connection with Smith County Deputy Lorenzo Bustos' death in the early morning hours of July 29, 2022.
Bustos, 29, who was in the final phase of his training, had performed a traffic stop with emergency lights activated on the patrol unit on State Highway 155. As he took a call with his sergeant, a different car hit him and his patrol vehicle from behind. Bustos died in an ICU. Officials identified Nyabuto as the driver accused of striking Bustos.
The trial began in early December in the 7th District Court and took a pause just before the holidays. In the beginning, Nyabuto pleaded not guilty.
Prosecutors and the defense each gave their closing statements Tuesday morning. Jurors were sent to deliberate around 11:45 a.m. and the verdict was announced roughly two hours later.
Jurors also found that the car Nyabuto was driving was used as a deadly weapon. After a brief break, the trial continued into the sentencing phase.
SENTENCING PHASE
The prosecution thanked the jury for their verdict and said Nyabuto faces anywhere from probation to 99 years. The state said they will be seeking a life sentence.
Bustos' wife Gloria testified she met Lorenzo in 2009 when they were in high school. At first, she didn't have feelings for him because he was a year younger and he was the class clown.
The day after a party, she called him to apologize and they talked on the phone every day since then. He asked her to become his girlfriend and they started dating for four years before getting married in 2011.
When he was 18, Bustos got involved in law enforcement to provide for his wife and their baby on the way. He started as a correctional officer at the Coffield Unit. He then worked to become a sergeant.
Gloria said it was hard to be the wife of a law enforcement officer because he would often work the "graveyard" shift and it was difficult for him to disconnect from the job.
Lorenzo was a great husband - everything she dreamed and prayed for. He was a great father who loved his kids so much and they loved him. He was a big hard worker, Gloria said.
He was excited to become a father and he had a special bond with his baby daughter.
Even after having foot surgery, Bustos still went to work the next Monday at the sheriff's office because he wanted to go to work and do the right thing. He convinced the doctor to let him go back to work earlier than suggested, she said.
"He was so ready to go back. He wanted to show Smith County what he was all about," Gloria said.
Bustos had a special bond with each of his kids. Gloria and Lorenzo loved singing and dancing, and they tried to spend as much time together as they could.
The state then showed photos of the Bustos family, including one from Lorenzo's birthday a few years ago and their last Christmas photo taken in 2021. She said every year for Christmas, Lorenzo would read the Elf on the Shelf book, play the game and drink hot chocolate with the kids.
Gloria said she and the kids don't play Elf and the Shelf for Christmas after Lorenzo passed away because it doesn't feel the same.
A photo of Gloria and Lorenzo Bustos singing their song, "Islands in the Stream," on her surprise 30th birthday was taken 10 days before he passed away. She testified that was one of the happiest times for her, and she hasn't been that happy since then.
She remembered when he was leaving for his shift one day, and he normally kisses her before he leaves and he didn't that day. But he came back into the house to give her a goodbye kiss.
Life after the loss of her husband has been hard for herself and the kids because it's difficult to make them understand what happened to their dad, she said.
Gloria testified to the jury she misses her husband's voice the most.
She told the defense Lorenzo was a forgiving man who also believed in justice. He believed in doing the right thing depending on the circumstances.
Lorenzo would help Gloria teach first and second-grade Bible study and children's church, she testified.
Smith County Sheriff's Office Deputy Alex Ortiz, who is a field training officer, testified that he was one of the officers who trained Bustos at the Smith County Sheriff's Office.
Ortiz remembered Bustos asking to have mercy on him because Bustos was the sole provider for his family. Ortiz testified Bustos' family was his everything and he often shared stories about his wife and young children.
"He was a good boy. He loved his babies, and he loved (his wife) Gloria so much," Ortiz said.
Bustos was dedicated and he was always hungry and thirsty to learn. He was always committed to working hard, Ortiz testified.
Ortiz said Bustos was dependable, kind and considerate of others. He could tell he was going to be a great officer.
When Ortiz heard the outcry from Bustos, he recalled his anxiety taking over.
Ortiz remembered suggesting to Bustos that he pursue a different career so that he could spend time with his young family. But Bustos would say he'd give law enforcement two or three more years. Ortiz said Bustos had a calling, and he was following it on July 28 and 29, 2022.
When he arrived at the crash scene, Ortiz said seeing Bustos on the ground in the condition he was in was heartbreaking.
Ortiz testified he was in disbelief and shock as he saw what happened to Bustos and fellow deputies came together in an attempt to revive Bustos.
All Ortiz said he could think about was Bustos' wife and kids. Body cam footage of deputies rushing to help and get Bustos into an ambulance was shown to the jury again.
Ortiz testified he was full of grief and said Bustos was just trying to provide for his family.
Several deputies on the night shift that Ortiz and Bustos were on came to the hospital. They all stood up in the front row of the courtroom at the state's request.
Ortiz testified the deputies stood in the ICU until Bustos' family came. Later, the hospital staff told the deputies they could come in to say their goodbyes. Each of the deputies came in, put their hands on him and said goodbye.
The deputies on the night shift escorted Bustos' body to the coroner's office in Dallas, Ortiz said. He testified he had been awake since noon that the day before, but none of them could sleep after what happened to Bustos.
Along Interstate 20, Ortiz said on the way to Dallas he saw many officers lined up with their hands on their hearts. Even walking into Buc-ee's on the way back, employees were giving the deputies condolences for the loss of Bustos.
Ortiz testified he and other deputies still hear the screams for help after the night that Bustos died. A traumatic event like what happened to Bustos still affects the other officers.
Texas Ranger Nic Castle testified he got to know Bustos and his family at church. They worked together at ministry within the church and they were also on the church's safety team.
Castle said Bustos was a great friend and he helped recruit Bustos into law enforcement. Castle was one of Bustos' references when he applied for the police academy. He was also a reference for Bustos' future law enforcement jobs.
He was the kind of guy who would never say no and was willing to volunteer and help, Castle testified. He said Bustos' goal was to get into the Texas Department of Public Safety. Castle helped him find ways of moving upward in Smith County law enforcement.
Castle testified their families became very close to each other. Castle was the person who reached out to Bustos' wife Gloria to tell her what happened and took her to the hospital. He recalled having the conversations with Gloria that night.
Castle testified Gloria has had to navigate how to be both parents. He said the two younger kids will ask if is dad coming home today. Castle said Lorenzo and Gloria Bustos had dreams they wanted to accomplish as a couple.
Castle told the defense Bustos was a forgiving man.
The father of the girl who was a part of the traffic stop that Bustos performed testified he picked his daughter up from the emergency room after learning about the wreck.
He said that his daughter was distraught and emotional when he saw her after the crash that killed Bustos. She told her father she didn't think Bustos was going to make it. She told him that Bustos treated her respectfully and fairly.
She had trouble sleeping for a while and had to see a counselor four or five times, the father testified. He said that his daughter is doing well mentally now.
The state rested its case after Gloria Bustos took the stand. Testimony from the defense will begin Wednesday morning.