Lawyers request suppression of evidence against man accused in death of Smith County deputy

TYLER, Texas (KLTV) - Attorneys for a man accused in the death of a Smith County deputy are asking the judge to suppress evidence against their client.

Lorenzo Bustos was conducting a traffic stop on July 29, 2022 when he was struck and killed by a vehicle. Daniel Nyabuto, 22, of Grand Prairie, is accused of driving the vehicle that killed Bustos. He has been indicted on a charge of intoxication manslaughter and a charge of aggravated assault.

However, attorneys Matt Bingham and J. Gary Trichter have filed a motion that argues blood test evidence presented against Nyabuto should be disallowed due to vague descriptions and “false statements” made by Trooper Kody Gayle in the affidavit that deprive “the reviewing magistrate of the opportunity to be neutral and detached by force feeding him facts that could only result in a probable cause pre-determined outcome.”

More specifically, the motion disputes the affidavit’s claim that Nyabuto operated a motor vehicle while intoxicated under the influence of a “controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance,” claiming that “there is no evidence in the affidavit that (Nyabuto) ever consumed a drug and that the only substance the trooper had evidence of consumption was alcohol. As such, the attorneys claim the accusation Nyabuto consumed a drug is both false and a “reckless disregard for the truth and must be redacted from the affidavit.”

The motion also claims that there is not sufficient evidence presented in the affidavit to substantiate the allegation that Nyabuto was even driving the vehicle that crashed into Bustos. It states, “there are no facts that show how the defendant was involved in an accident. The Affiant fails to tell us if (Nyabuto) was the driver or a passenger or was a pedestrian who was involved in an accident.”

Bingham and Trichter also take issue with the affidavit’s claim that Nyabuto had the “strong” smell of alcohol on him, on the technicality that alcohol does not have an odor and it is the beverage containing alcohol that has an odor. Furthermore, they argue that simply smelling alcohol cannot accurately determine how much a person has had to drink or how inebriated they are or are not.

They claim that recorded audio/video footage from the scene of the incident contradicts claims made in the affidavit, such as accusations of slurred speech and swaying walking and unsteady balance. The attorneys claim the footage shows Nyabuto having no difficulty standing, walking or speaking. Further, they also cast doubt on whether Trooper Gayle is properly trained or certified to administer various field sobriety tests cited in the affidavit.

Trooper Gayle is further accused of lying in the affidavit when it was stated that Nyabuto “did not know where he was or what had occurred or why the crash occurred” and that he “did not know where he was headed.” The attorneys state this is false based on bodycam footage, as well as what they claim is Trooper Gayle’s own report (since redacted) that states Nyabuto told him he was going to pick up his brother so the two could go to the brother’s house and play video games.

Finally, the motion disputes the trooper’s claim that Nyabuto on multiple instances either refused to consent to having blood drawn for a blood-alcohol content test, stating that audio/video recordings contradict this by instead showing that Nyabuto was instead asking questions about the procedure and was expressing confusion.

Previous reporting:

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

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