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...
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