Nyabuto trial day 4: Defense questions procedure of trooper who conducted sobriety test

TYLER, Texas (KLTV) - On Monday, the defense questioned the trooper who conducted a sobriety test in the intoxication manslaughter trial of 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, began his testimony on Friday, describing Nyabuto’s behavior at the scene and the sobriety test process. He continued to speak on Monday as the defense took over questioning.

Before the jury entered, the defense clarified that Friday was the first time they had heard about a second blood kit and requested the state produce more details, including the instructions on how to use the kit. However, the judge did not see the relevance of these details to the case and said he would not order the state to provide them.

Returning to Gayle after the jury had taken its place, the defense asked about documents the trooper had written, establishing that a report and search warrant exist, neither with sworn testimony. The defense asked if Gayle preserved the needles used for the sobriety blood test, and he said he did not.

They then turned to details about Nyabuto’s vehicle, which Gayle said he was told belonged to Nyabuto’s brother. He did not recall the make and model of the black Mercedes, but he said it was newer. The defense asked if Gayle had “seat memory recognition,” and he said he wasn’t sure. The trooper said Nyabuto was slouched in the seat when he pulled up, with the car off but auxiliary on.

Next, the defense addressed Gayle’s previous statement that he lets go of more people than he arrests after field sobriety tests, only writing warnings for traffic violations. The defense claimed DPS statistics don’t support his statement about arrests, but the trooper said his words only reflect his experience.

The defense returned to discussing the blood test, pointing out that it is hot in July, when the incident took place. In response to their questioning, Gayle described how the drop box for these tests is outside the lab building and is not refrigerated. He said it took around two days for the sample to be retrieved for processing.

Going back to testimony about the night of the event, Gayle said he did not hear other officers on scene talk about Nyabuto hitting Bustos with his car, but he thought Nyabuto knew he had hit him, though he didn’t say so directly. The trooper said Bustos was standing near where the curb met the roadway, and he wasn’t sure if Nyabuto would have been able to see him. The defense pointed out Bustos wasn’t wearing a vest or carrying a wand and asked if it would have been unreasonable for Nyabuto not to see him. Gayle responded that the incident wouldn’t have happened if Nyabuto hadn’t been behind the wheel while intoxicated.

The defense exchanged comments with Gayle about whether this answered the question and whether Gayle wanted Nyabuto to be found guilty, until the state called for an objection for argumentative phrasing, and the judge granted it.

The defense asked Gayle if Bustos or any other officers on scene could have done anything different on the night of the incident, in retrospect, and the trooper said no. Gayle said emotions were high that night, and it was stressful, but he characterized Nyabuto as “non-remorseful” based on body language.

Gayle said he is approved to give breathalyzer tests as well as several other formats. The defense questioned the test procedure and had Gayle stand up to demonstrate a line test, which he did imperfectly, but he said minor mistakes wouldn’t cause someone to fail or void the test. The defense continued questioning his certification and his choice to pat down Nyabuto without evidence of his being armed. Gayle said he considered Nyabuto to be a danger to the officers’ safety given that “he just assaulted a peace officer” by hitting Bustos with his car.

3 p.m. update:

The defense continued questioning with inquiries into the one-leg stand test. They asked if Nyabuto was told to sway during the test, and Gayle said he never told Nyabuto not to sway. Gayle said he spoke to Nyabuto’s brother on the scene as well, and said he never detected the smell of alcohol on him, merely the vehicle.

The defense asked Gayle if he ever performed a sobriety test on Nyabuto’s brother, and he said he did not. Gayle said he was not sure how much time he spent with the brother on the scene, but that he was belligerent and had to be detained in a vehicle to avoid an altercation. Gayle said he felt the brother was a danger to himself and others on the scene, but said he did not question him at any length. The defense questioned whether the brother was wrong for being upset or protesting his detention.

The defense then moved on to question Nyabuto’s detainment. Gayle confirmed he did not conduct a breathalyzer test, but rather decided to submit a search warrant for a blood test. According to Gayle, the submitted forms returned with a refusal to give blood.

Gayle confirmed he had Judge Taylor Heaton’s search warrant for a blood test at the emergency room with Nyabuto. He said he did not tell Nyabuto he had the warrant, but he believed Nyabuto knew. Gayle said he brought two test kits with him, but the first was defective. The defense questioned whether he’d seen defective test kits before, and he said he had, but that he did not report this defective kit to the lab.

Gayle continued to testify throughout the afternoon, but a new witness will take the stand on Tuesday morning.

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• Trial begins for Grand Prairie man accused in traffic death of Smith County deputy
• Nyabuto trial day 2: Smith County deputy on scene of fatal crash discusses bodycam footage
• Nyabuto trial day 3: Trooper who conducted sobriety test describes ‘strong odor of alcohol’