TYLER, Texas — Testimony and the presentation of evidence continued Thursday in the trial of a man accused of striking and killing Smith County Deputy Lorenzo Bustos while driving while intoxicated in July 2022.
Daniel Nyabuto, 22, of Grand Prairie, is charged with intoxication manslaughter in connection with 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 Thursday, jurors continued to view dash cam and body cam video from the night that Bustos died while Smith County Sheriff's Office Detective Michael Skinner (the deputy who Bustos was with) testified.
Skinner testified that he was in the front passenger seat of the ambulance as Bustos was transported to the hospital. The ambulance rushed to the emergency room Bustos was taken to the trauma room.
"I was feeling helpless at this point. I mean we're police officers, we fix things, and I couldn't fix this," Skinner said.
Skinner said he didn't come home until 5 a.m. He found out on his way home that Bustos passed away.
Skinner's body cam footage shows Bustos detaining the man he pulled over during a traffic stop, and it later fast forwards to the point where Bustos is talking on the phone with his sergeant about the marijuana as well as the underaged girl found in the car.
During the call, Skinner testified that multiple cars passed by the patrol vehicle stopped alongside the road. Bustos was a couple feet from the curb of the road and less than 10 feet from the patrol car.
No other passing cars, except the one allegedly driven by Nyabuto, got close to the patrol vehicle.
The state asked Skinner to note the times that cars passed by the traffic stop based on the dash cam video. He ended up counting 20 cars that passed by on the highway.
At any moment, Skinner said he did not feel the position of the car was unsafe. It wasn't until those other 20 cars passed that Bustos and the patrol car were hit.
The defense told Skinner they're sorry that he has to be here to testify and relive what happened the night of Bustos' death.
Skinner agreed with the defense that Bustos was a caring and nice man, and they got to know each other as Skinner trained Bustos. He said that he never met Nyabuto.
He testified that adrenaline was pumping and he was anxious after the wreck happened. The defense asked Skinner to look over the report he wrote about the crash.
At the time of his first report, Skinner agreed with the defense that he did not assign fault to who caused the crash that led to Bustos' death. Later on, Skinner said he had a reason to write a second report. He doesn't know how much time passed between the reports.
Skinner said while Bustos was in the "ghost phase," he was still obligated to stop Bustos if he was doing something unsafe. Sheriff's office policies and procedures cannot be ignored, Skinner agreed with the defense.
He testified that he is familiar with policies from the Smith County Sheriff's Office related to traffic stops and enforcement and responding to vehicle wrecks.
Skinner said the public address system was not working prior to him and Bustos going on patrol. He said he reported verbally to his supervisor that the GPS in the car was not working.
The defense asked Skinner if the patrol vehicle was not in the road that night, would there have been a crash? And Skinner responded that would be an accurate statement.
Sheriff's office policy states deputies should wear reflective vests or a bright raincoat during a traffic stop. Police lights can draw people, even those who are sober, toward the light, Skinner said.
Skinner testified that Bustos was not wearing a reflective vest that night.
First responders have a higher risk of getting struck by a passing vehicle while performing their duties. Most law enforcement deaths are a result of vehicle crashes, Skinner testified.
The defense asked Skinner about reasons for someone to be pulled over for issues with license plates in Texas. Skinner testified that the coating on the license plate impaired how it looked, but his previous report had not mentioned the coating.
The defense argued there was no need for a traffic stop, but Skinner cited part of the law that specified how the license plate can be impaired.
Nyabuto's lawyer read the transportation code saying a pedestrian should face the direction of oncoming traffic. Skinner testified that Bustos had his back toward the traffic.
Skinner testified there were no parking lots for the person that he and Bustos pulled over to stop in after their siren lights were turned on. He noted that it's not a requirement for officers to turn their lights for a traffic stop.