TYLER, Texas — The trial for a Dallas-area man accused of killing a Smith County deputy while driving intoxicated will resume Tuesday with closing statements.
Daniel 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.
The trial began in December in the 7th District Court. In the beginning, Nyabuto pleaded not guilty.
Both the state and defense presented evidence. Once both sides rested their cases, Judge Kerry Russell decided to pause the trial ahead of the holidays. Jurors will be hearing closing arguments Tuesday ahead of getting to deliberate.
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 died in an ICU. Officials identified Nyabuto as the driver accused of striking Bustos.
Testimony from Karen Shumate, Texas Department of Public Safety crime lab forensic scientist in Tyler, showed Nyabuto had a 0.144 blood alcohol concentration reading when his blood was tested after the crash. The legal limit in Texas is 0.08.
A former owner of Breakers said Nyabuto and his brother had two tequila shots and a beer.
Greg Burkhart, general manager of Where's Rufus Sports Bar, testified records show Nyabuto's ID was not swiped on July 28, 2022, but it depends if an employee swiped the card or not. He testified it's highly unlikely that the ID was not swiped if Nyabuto came in.
Transaction records from Where's Rufus showed Nyabuto's brother bought two beers and 10 Don Julio tequila shots. The tab was closed two minutes before midnight. Nyabuto's brother's purchase at Where's Rufus totaled around $120.
Kelsey Miller, a DPS crime lab official in Austin, testified there were active amounts of 11-Hydroxy-THC and Delta 9 THC found in Nyabuto's blood sample.
DPS trooper Kody Gayle, who responded to the scene of the crash, discussed administering a field sobriety test on Nyabuto. Based on his speech and movement, Gayle said he believed Nyabuto was intoxicated.
Gayle testified while waiting to get his blood tested for alcohol content, Nyabuto can be moving and swaying at the hospital. The trooper 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. When Gayle told Nyabuto that he ran Bustos over, his response was "bro," Gayle testified.
The defense questioned Gayle over whether or not Nyabuto gave his consent to having his blood tested for alcohol concentration.
Gayle told DPS Sgt. Adam Albritton that Nyabuto went back and forth between yes and no about the blood test.
Gayle agreed with the defense that Nyabuto said yes to a blood test sometimes.
In the dash cam video, Nyabuto later said, "I'm good with whatever," referring to having his blood taken. The defense considered that to be Nyabuto giving consent, but Gayle said he had already taken his previous response as a refusal.
Gayle said it was honest to say that Nyabuto did not consent to having his blood tested.
According to a phone analysis, Nyabuto was traveling 65 mph on Highway 155 five seconds before the crash. The defense argued Bustos and his training officer ignored safety precautions for making a traffic stop.
However, the prosecution pointed out 20 cars passed the traffic stop safely using body and dash cam video.
Dusty Harrington, a traffic investigator, said Bustos wearing dark clothing in a dark environment made him invisible to the driver. He said an intoxicated driver was not the only cause of the crash as the location of the vehicle and proximity to the curve also contributed.