TYLER, Texas — Smith County Sheriff's Office Detective Michael Skinner shouted "Bustos, Bustos, Bustos" as he responded to his trainee and fellow deputy, Lorenzo Bustos, who was struck by a vehicle and ultimately killed in the late hours of July 28, 2022.
On Wednesday afternoon, jurors saw dash cam and body cam video from the night that Bustos was struck while performing a traffic stop in the final phase of his training at the Smith County Sheriff's Office.
Bustos, 29, had performed the traffic stop with emergency lights activated on the patrol unit. And as he took a call with his sergeant, a different car hit him and the patrol vehicle from behind.
Bustos was flown to a Tyler hospital, where he died in the ICU.
Officials later identified that driver as Daniel Nyabuto, 22, of Grand Prairie. He is charged with intoxication manslaughter in connection with Bustos' death.
Nyabuto’s trial began Wednesday morning in the 7th District Court, where he pleaded not guilty to the charge.
Skinner, who was formerly a deputy, was one of the witnesses who took the stand as the dash and body cam footage played.
The video shows Bustos and Skinner pull over someone for a bad license plate and later they find a small amount of marijuana, leading to a search of the car. Over the course of the stop, Bustos and Skinner learned the man, who was in his 20s, had a 15-year-old girl, who said she was 17 initially, inside the vehicle.
After learning that, Bustos said he was going to call the sergeant on duty to get his opinion on the situation.
Skinner said that would be the last thing he heard from Bustos.
Bustos walked to the rear end of the car and told the sergeant on the phone about the marijuana, and the underaged girl and asked him what he should do. As he was talking on the phone, cars could be seen driving and passing by.
Then, the video captures the sound of Bustos getting struck from behind as he walked toward the rear of the patrol car.
Skinner was in the passenger seat when Bustos was hit, and he rushed out to find Bustos lying down and pulled him out from under the car. He yelled "Bustos" multiple times and the people in their patrol car could be heard shouting as well.
“I had to step over him,” Skinner said as he teared up.
Skinner testified he wanted to get him out from underneath the car to a flat area. The girl in the patrol car was freaking out as Skinner pulled Bustos out from underneath the car.
He continued to repeatedly say “Bustos” as he responded to him. He also recalled praying in these moments.
“It seemed every time I talked to him, he breathed a little harder," Skinner testified.
While Skinner was trying to care for Bustos, the driver of the vehicle, who was identified as Nyabuto later, appeared and Skinner told him to sit down. Skinner said Nyabuto asked what happened.
Nyabuto asked if Bustos was OK and again asked what happened, Skinner said.
Skinner told Nyabuto to back up and get back in the car two or three times while Skinner was trying to assess Bustos’ injuries. Skinner then identified Nyabuto in the courtroom as that same driver.
He said that Nyabuto was intoxicated because of his movements and slurred speech.
Later on, more deputies showed up to do what they could to help and Skinner tried to keep Bustos breathing and treat him before the ambulance arrived. The video concludes with EMS placing Bustos on a stretcher.
In addition to body and dash cam footage shown Wednesday, the jury heard opening statements from the prosecution and defense.
Smith County Assistant District Attorney Richard Vance said in opening statements the evidence they present will be overwhelming and tragic.
"You're going to see evidence of the last moments that a man walked on this Earth," Vance said.
Evidence and testimony will show that Nyabuto was very intoxicated and unaware of what happened in the wreck, Vance said. Surveillance video and receipts will be shown from local restaurants and bars where Nyabuto and his brother consumed alcohol prior to the crash.
In their opening statements, the defense said evidence will demonstrate the deputies' actions were what led to the crash causing Bustos' death, according to the defense. They argued there were many opportunities to stop the wreck from happening.
The lawyer argued Bustos and Skinner knew the risk of having a vehicle near the highway and not wearing reflective clothing, but the defense said they did nothing. He claimed that Bustos was walking in a lane of traffic, and he would've been invisible to a sober person.
His lawyer concluded by saying there is ample evidence to send Nyabuto home with a not guilty verdict.
The state's first witness, Michael Kilpatrick, testified he's lived on Highway 155 (near where the wreck happened) with his family since 2020.
He testified he had a door camera that captured the wreck and he shared the video with law enforcement once he learned the video showed the crash.
He recalled he was going to sleep on July 28, 2022, when he heard the sound of the wreck. He got out of bed, rushed outside and tried to help direct traffic around the scene.
Jacob Miller, a local theater teacher, testified that on July 28, 2022, he was driving home on Highway 155 after being in a local production of SpongeBob the Musical when he saw the traffic stop happening along the road.
Miller testified that he heard the collision as he drove past and he decided to turn around to help those involved. He turned on his hazard lights and got out to ask the deputy on the scene how he could help.
He recalled seeing a police vehicle and another car pulled over, and then a third vehicle came by driving fast on the highway.
Skinner asked Miller to guide traffic on Highway 155, Miller testified. So he stood near his vehicle and used his phone flashlight to direct passing vehicles.
He testified that his lights were less bright than the siren lights on the sheriff's office vehicle. He said he felt like his lights were enough for people to see.