TYLER, Texas — A Dallas-area man was sentenced to 32 years in prison Wednesday night for killing Smith County Deputy Lorenzo Bustos while driving intoxicated in July 2022.
Daniel Nyabuto, 22, of Grand Prairie, was found guilty of intoxication manslaughter of a peace officer Tuesday afternoon in connection with hitting Bustos from behind as the deputy conducted a traffic stop in the early morning hours of July 29, 2022, on State Highway 155.
Blood tests showed Nyabuto had a 0.144 blood alcohol concentration (BAC) reading. The legal limit in Texas is 0.08.
Jurors reached the sentencing verdict after over three and half hours of deliberations. The prosecution asked for a life sentence, while the defense wanted the jury to choose probation. He faced anywhere from probation to five to 99 years or life in prison.
Before the verdict, court officials said Wednesday Nyabuto has to serve half of the sentence he receives before becoming eligible for parole. He will receive credit for time served in the county jail.
Judge Kerry Russell formally pronounced the sentence and reminded Nyabuto of his right to appeal.
This comes after roughly 10 days of statements from attorneys, witness testimony and courtroom evidence. At the start of the trial, Nyabuto pleaded not guilty to the charge.
CLOSING ARGUMENTS
Smith County Assistant District Attorney Chris Gatewood told the jury that probation would not be appropriate for this case.
Gatewood argued that Nyabuto did not care after the car he drove crashed into Bustos and killed him. He said Nyabuto's actions after the wreck and in the hospital show he wasn't a caring person to Bustos.
He told the jury they get the chance to say to Smith County there is no tolerance for people who harm law enforcement - the people who protect residents. Gatewood called intoxication manslaughter a crime of indifference.
Nyabuto's lawyer Matt Bingham said with the stroke of the pen, the jury would decide Nyabuto's punishment.
"I don't condone it but he didn't intentionally hurt that officer. He's not a bad person," Bingham said of the crash that killed Bustos.
After the wreck, Nyabuto was confused and thought he hit a car at a stop light. Nyabuto saying "bro" at the hospital was because of shock, Bingham told the jurors.
Bingham added that Nyabuto was four months into being 21 years old and the crash was an accident.
Smith County Assistant District Attorney Richard Vance said what happened to Bustos was not an accident. Nyabuto made a choice that led to the wreck, and one of Smith County's finest lost his life.
He said this case isn't just about law enforcement, it's about someone driving intoxicated on the streets of the community.
Vance said Nyabuto is the one at fault in the fatal crash and the reason for the heartbreak his and Bustos' families are experiencing.
Vance told the jurors that because of Nyabuto, Gloria Bustos doesn't have a husband and their children don't have a father. He asked them to think about Bustos’ kids' age, not Nyabuto’s age.
SENTENCING PHASE
On Tuesday, Bustos' wife Gloria Bustos told the jury she and her husband met in high school and they got married after graduating.
When he was 18, Bustos got involved in law enforcement to provide for his wife and their baby on the way. Gloria said it was challenging to be the wife of a law enforcement officer.
She testified 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.
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.
On Wednesday, Nyabuto's parents and his cousin told the jurors that Nyabuto is a caring and thoughtful person.
His father Kepha Ondari testified that he and his family continuously pray for their son and the Bustos family every night. They also pray for the Tyler community and law enforcement.
Nyabuto was going to school for nursing out of San Marcos when he was arrested. He was a very jovial, outgoing and compassionate person who was always willing to help, Kepha Ondari testified.
Kepha Ondari testified he saw the crash that caused Bustos to pass away as an accident. Kepha Ondari told the state he had not been able to believe that his son was intoxicated.
Nyabuto's mother Florence Ondari recalled her son would help other students and teachers even when he was a kindergartener.
She said since the wreck, it's been very hard for their family. She prays every night for her family and the Bustos family to give everyone involved strength and peace.
Nyabuto has been there for his younger sister over the years, such as taking her to school and preparing snacks for her. She testified that she's never seen Nyabuto drink and it's not a part of his life.
Given the chance, Nyabuto had plans to become a nurse after seeing his parents in the medical field, his mother told the jury.
Nyabuto's cousin Dr. Brandilyn Monene told the defense she believes Nyabuto is a loving person. He's also thoughtful and introspective.
Monene told the jury about a March of Dimes 5K that she and Nyabuto organized together.
She testified she'd never seen Nyabuto drink alcohol over all the years she's known him.
The defense then played a body cam video from Texas Department of Public Safety trooper Kody Gayle when Nyabuto was getting his blood tested at the hospital. Monene watched the moment Gayle told Nyabuto that he ran someone over, and Nyabuto responded "Bro."
Monene testified that it's common for Nyabuto to say "Bro," and it's kind of like an expression of shock or saying "Oh my, gosh."
She described Nyabuto in one word as reliable as well as someone who wanted to serve others.
She said she understood that it was a tragic accident and Nyabuto was behind the wheel of the car that crashed into Bustos. She added her heart bleeds for Bustos, his family and the deputies who had to respond to the scene.