Nyabuto trial day 5: Bar, restaurant managers questioned about Nyabuto’s drinking

TYLER, Texas (KLTV) - Day five of the criminal trial of Daniel Nyabuto began Tuesday with the questioning of the former owner of a Tyler restaurant.

Nyabuto is charged with intoxicated manslaughter in the 2022 death of Lorenzo Bustos, who was in the final stages of his training with the Smith County Sheriff’s Department.

Brandon Hafner was called to the stand to testify. Hafner was the owner of the now-closed Breakers seafood restaurant. Surveillance footage from the night of the fatal crash shows Nyabuto and his brother drinking at Breakers’ bar from around 10 p.m. until they left about half an hour later. The brothers are seen taking a shot of tequila and drinking one beer. These drinks were found on the receipt which was shown to jurors and were paid for by Nyabuto’s brother’s credit card.

The second witness was Where’s Rufus? General Manager Gregg Burkhart. Records showed that Nyabuto’s brother ordered two beers and 10 shots of tequila, for a total tab of $120. The defense asked Burkhart if there is anything to indicate that Nyabuto was even at Where’s Rufus? that evening. Burkhart said “there is not.”

Burkhart also testified that Nyabuto’s brother is a regular at Where’s Rufus? and that it is not uncommon for him to buy rounds of drinks for other people.

Karen Shumate, a blood-alcohol content expert with the Texas Department of Public Safety said Nyabuto was found to have a BAC level of 0.144. The legal limit in Texas is 0.08.

Shumate returned to the stand for the defense’s cross-examination. Shumate testified that a 140 pound man would had to have continued drinking after 10:30 p.m. to have a BAC level of 0.144 when the blood test was administered at 2:35 a.m. Shumate said it would the equivalent to 4-5 drinks.

The brothers were seen leaving Breakers’ bar at 10:30 p.m. after having two drinks each.

A DPS toxicology expert who conducted a blood test on Nyabuto was called to the stand. According to the expert, a cannabinoid test called for “further analysis” for confirmation. The ultimate results revealed enough Delta 9 cannabinoids, the most powerful THC component in marijuana, to suggest Nyabuto had consumed THC in the past week.

Wednesday’s trial proceedings are set to begin with the testimony of DPS Sgt. Chad Martin, who helped reconstruct the scene of the crash.

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