TYLER, Texas — Body cam video shown in court Friday revealed as Daniel Nyabuto was getting his blood tested, a Texas Department of Public Safety trooper told him that he ran someone over. The trooper said his response was “bro.”
Nyabuto, 22, of Grand Prairie, is charged with 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. As he took a call with his sergeant, a different car hit him and his patrol vehicle from behind.
Bustos was later pronounced dead in an ICU. Officials identified Nyabuto as the driver accused of striking Bustos. Nyabuto pleaded not guilty on Wednesday.
On Friday, Texas Department of Public Safety trooper Kody Gayle, who responded to the scene of the crash, took the stand to talk about administering a field sobriety test on Nyabuto and taking him to get his blood tested.
The trooper testified that based on tests and his observations, Nyabuto was intoxicated from alcohol and operated a vehicle the night of Bustos’ death.
Prosecutors showed Gayle’s body cam footage to the jury as he testified about his involvement in the investigation.
Gayle testified while waiting to get his blood tested for alcohol content, Nyabuto can be moving and swaying at the hospital. The body cam video shows physicians working to perform the blood test on Nyabuto.
Gayle testified that at the hospital, Nyabuto and his brother appear to be laughing along with each other.
Gayle said Nyabuto was laughing because the nurse had trouble finding his vein. After his blood was drawn, Nyabuto seemed to be excited to get orange juice and cookies.
When Gayle told Nyabuto that he ran Bustos over, his response was "bro," Gayle testified.
When arriving at the crash scene, Gayle recalled seeing a lot of emotion at the scene of the crash - crying and screaming - from those impacted, including witnesses from the traffic stop, deputies and EMS.
When making contact with Nyabuto, Gayle testified he first noticed the strong odor of alcohol emitting from the car.
"It seemed like he (Nyabuto) had a 1,000-yard stare. Didn't seem like he knew what was going on," Gayle said.
He added the smell of alcohol was still strong when Gayle spoke with Nyabuto face-to-face. In the beginning when Gayle contacted Nyabuto, Gayle said that Nyabuto's speech was very slow.
Gayle pulled Nyabuto away from the crash site to ask him questions. The trooper asked Nyabuto if he was hurt and he responded that he was just sore from the gym. Nyabuto told Gayle he was heading to the area from Dallas to see his brother, but based on the highway he was on Gayle said that statement didn't make sense.
Based on his speech and movement, Gayle said he believed Nyabuto was intoxicated, and Gayle asked him how many drinks he had. In response, Nyabuto said, "I'm good," and in a follow-up response, he told Gayle he hasn't had any alcohol.
After the wreck, Nyabuto said he noticed Smith County Deputy Michael Skinner trying to help Bustos, and he got back in his car after Skinner told him to do so, Gayle told the jury.
Gayle testified Nyabuto didn't seem to show emotion when talking about Bustos, Skinner or the wreck.
Based on clues from the field sobriety test, Gayle testified there was a high probability that Nyabuto was intoxicated. At one point, Nyabuto is seen laughing and giggling, Gayle said.
Nyabuto had difficulty balancing and understanding Gayle's instruction, Gayle testified. When Gayle asked Nyabuto to stand on one leg for the test, he responded, "like a plank." He failed the first time and couldn't stand still during the second attempt.
After this, Gayle told Nyabuto to put his hands behind his back and that he was under arrest for driving while intoxicated.
Gayle testified that Nyabuto was swaying while trying to walk during the sobriety test.
While Gayle was working on an affidavit about the incident, Nyabuto was dozing off in the back of the trooper's car, Gayle testified. He sent 475th District Court Judge Taylor Heaton the affidavit through email and agreed to an oath saying everything was true in the document that Heaton administered over the phone.
Heaton would later send back a search warrant for Nyabuto's blood to be tested. The video later shows Gayle driving Nyabuto to the hospital and in the back of the car, Nyabuto could be seen falling asleep. Gayle testified that was his demeanor the whole way to the hospital.
When answering questions from the defense, Gayle said he is aware of the significance of agreeing to an oath by a judge, and lying after taking an oath could led to a perjury charge.
Gayle told the defense he had a note in the back of his mind that Nyabuto might be intoxicated when he arrived to the crash site.
He noticed that air bags had gone off, and Nyabuto may have been hit by them in the wreck. Gayle said he never asked Nyabuto if he was hit by the air bags and he didn’t ask Nyabuto if he was in shock.
Testimony is expected to continue Monday morning.