Nyabuto trial day 3: Trooper who conducted sobriety test describes ‘strong odor of alcohol’

TYLER, Texas (KLTV) - Trial resumed Friday morning for a Grand Prairie man accused in the 2022 death of a Smith County deputy.

Daniel Nyabuto is charged with intoxicated manslaughter in the death of Lorenzo Bustos, who was in the final stages of his training with the Smith County Sheriff’s Department.

Trooper Kody Gayle, who conducted a sobriety test on Nyabuto, took the stand to discuss his bodycam footage from the day of the incident.

The footage showed the trooper arriving on scene with multiple officers surrounding Bustos. One officer was heard saying, “Don’t quit breathing on me.” Eventually, the video shows Gayle making contact with Nyabuto, after evaluating the scene.

Gayle said there was a “strong odor of alcohol emitting from the car” and on Nyabuto’s person. Nyabuto seemed to be moving in slow motion, Gayle claimed, and the trooper said he was confused by his story of what took place that night. Gayle said he asked Nyabuto where he was coming from, and Nyabuto said he had left Dallas and was on his way to pick up his brother who lives in Hollytree in Tyler.

Nyabuto said he was going to pick up his brother, but the brother was already in the car, Gayle said. He also said Nyabuto claimed he had had nothing to drink. When asked what happened, Nyabuto allegedly said he had seen the stop lights and come to a stop, that he “was just driving.”

The trooper testified that Nyabuto did not have a grasp on what was going on around him.

Next, Gayle described the actual sobriety test. He said he conducted an equal tracking test to ensure Nyabuto was not medically impaired, checking for any head injuries, which is standard procedure. Gayle said Nyabuto moved his head several times during the test, despite being told not to.

The sobriety part of the test was performed six times, Gayle said, and if four “clues” are found during the tests, then a subject is considered intoxicated. For Nyabuto, six clues were found, Gayle testified. The trooper said he explained several times what Nyabuto should do for the walk and turn test, but in the middle of the test, Nyabuto froze. Gayle said he concluded there was a “high probability that the subject is intoxicated.”

A one-leg standing test was also done, but Gayle said Nyabuto failed to keep his balance multiple times. Nyabuto allegedly claimed he was sore from the gym, but after this test he was placed under arrest for DWI.

Gayle also attempted to gain Nyabuto’s consent for a blood draw, but his mixed answers led the trooper to call Judge Taylor Heaton for a warrant.

“He kept changing his answer, so I went the safest route,” Gayle said. Nyabuto reportedly said, “I guess so,” in response to the trooper’s request, but he also shrugged his shoulders and was dozing off during the process, so Gayle considered his answer unclear.

During the ride to the hospital where he would be medically cleared, Nyabuto unclicked his seatbelt, as seen in footage from the dash camera of Gayle’s unit. He also appeared to fall asleep during the course. At the hospital, Gayle claimed Nyabuto and his brother were “just laughing and having a good time.” The brother was also arrested on a charge of public intoxication. Gayle said he attempted to make Nyabuto aware of his circumstances after the blood draw.

Gayle was still being questioned by the state as of 3:40 p.m., having been on the stand for the entirety of Friday’s hearing.

The Smith County Sheriff’s Office said previously that Bustos was killed around 12:50 a.m. on July 28, 2022, and the blood draw to determine blood alcohol concentration was completed at 2:35 a.m. The prosecution ended their time by asking Gayle once more if he believed Nyabuto was intoxicated at the time, and Gayle concluded that he was.

The defense took over cross-examination at about 4:10 p.m. They began by questioning Gayle’s actions at the hospital, arguing he may have destroyed evidence. Gayle testified that the first DPS-issue blood box failed to collect a sample from Nyabuto, for an unknown reason. He said no blood entered the box, but an attempt using a second box worked and was taken to DPS for analysis.

The defense argued that Gayle destroyed evidence by throwing out the first bag, although the trooper claimed it did not contain any blood.

Trial is set to resume on Monday at 9 a.m., when Gayle’s testimony will continue.

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