Judge grants delay in trial of man accused in Smith County deputy’s death

A 90-day continuance has been granted in the trial of a man accused in the death of a Smith County deputy.
Published: Apr. 26, 2023 at 10:26 AM CDT
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TYLER, Texas (KLTV) - A 90-day continuance has been granted in the trial of a man accused in the death of a Smith County deputy.

Judge Kerry Russell granted the defense’s motion for 90-day continuance in the trial of Daniel Nyabuto. Russell is giving both the state and the defense five days to look at their calendars and offer potential trial start dates. The trial was originally set to begin this coming Monday, May 1.

Nyabuto’s defense argued they received evidence from the state past the discovery deadline. For this reason, they felt they could not be ready for trial next week.

“We can’t go forward on May 1 because we just received a cumbersome, large amount of evidence,” attorney Matt Bingham said.

The state was not opposed to the motion for continuance.

Nyabuto, 21, of Grand Prairie, was indicted on a charge of intoxication manslaughter on Oct. 13, 2022, following the July death of Lorenzo Bustos. Bustos was killed after he and a field training officer, Michael Skinner, conducted a traffic stop. During the investigation of the traffic stop, Bustos was standing behind his patrol car when another vehicle struck him. He died several hours later after being transported to a hospital for treatment of his injuries.

Previous reporting:

Grand jury indicts man accused in death of Smith County deputy on 2nd charge

Man accused in death of Smith County deputy requests venue change