TYLER, Texas — The man accused of killing a Smith County deputy while driving intoxicated had a .144 blood alcohol concentration reading with the legal limit in Texas being 0.08, a Texas Department of Public Safety forensic scientist testified Tuesday.
Daniel Nyabuto, 22, of Grand Prairie, is charged with intoxication manslaughter in connection with Smith County Deputy Lorenzo Bustos' death in the early morning hours of July 29, 2022.
At the beginning of his trial last week, Nyabuto pleaded not guilty.
Bustos, 29, who was in the final phase of his training, had performed a traffic stop with emergency lights activated on the patrol unit. As he took a call with his sergeant, a different car hit him and his patrol vehicle from behind. Bustos died in an ICU. Officials identified Nyabuto as the driver accused of striking Bustos.
Karen Shumate, a forensic scientist with the DPS crime lab in Tyler, testified that Nyabuto's blood sample came back with a 0.144 blood alcohol concentration reading.
A person with a 0.144 BAC test would likely have a loss of reasoning and judgment and a loss of physical coordination. Swaying could be possible, but not every person would demonstrate intoxication outwardly in the same way, Shumate said. She told the defense her job does not involve observing people.
The effect of a 12-ounce beer and a shot of liquor depends on the size of the person, she said.
Jurors also heard from the management of a restaurant and bar where Nyabuto and his brother were before the crash. Prosecutors showed a video of Nyabuto and his brother consuming alcoholic beverages at Breakers Seafood Restaurant.
Brandon Hafner, the former owner of Breakers, testified that Nyabuto and his brother received two Don Julio (tequila) shots and a beer. He said if those at the restaurant thought they were overserved, they wouldn't have served them.
Greg Burkhart, general manager of Where's Rufus Sports Bar, testified records show Nyabuto's ID was not swiped on July 28, 2022, but it depends if an employee swiped the card or not. He testified it's highly unlikely that the ID was not swiped if Nyabuto came in.
The state then presented transaction records from Where's Rufus that night showing what Nyabuto's brother purchased. It showed Nyabuto's brother bought two beers and 10 Don Julio tequila shots. The tab was closed two minutes before midnight.
Nyabuto's brother's purchase at Where's Rufus totaled around $120.
No one at Where's Rufus saw Nyabuto at the business, Burkhart said. Nyabuto's brother is known at Where's Rufus as he comes there alone and buys rounds of drinks for people, Burkhart testified.
The Texas Alcoholic Beverage Commission conducted an investigation and found that Nyabuto was not at Where's Rufus on July 28, 2022.
According to TABC Director of Communications Chris Porter, an investigation into Breakers was opened after the wreck that killed Bustos, but that investigation is closed pending further information.
TABC may reopen an investigation based on any evidence that comes to light during a criminal trial. The investigation into Where’s Rufus remains pending at this time, Porter said.
The shots purchased by Nyabuto's brother were likely not just for him, Burkhart testified.
Records from Where's Rufus show that Nyabuto has never been to the sports bar that night or at all, Burkhart said.
Austin Rachal, a registered nurse at Christus Trinity Mother Frances emergency room, testified he was the nurse who took Nyabuto's blood.
Rachal testified that he has never been sworn in to tell the whole truth on a Bible when testing someone's blood for a DWI. He testified he did not tamper with the blood sample at any point.
Rachal said before the night he took Nyabuto's blood sample, he had never met Nyabuto or knew his normal behavior.
There was laughing in the hospital room among Nyabuto and his brother, but the brother was much louder in comparison, Rachal testified.
Rachal said Nyabuto referenced a vein to Rachal to direct him on where to draw the blood from. Rachal testified that Nyabuto had his mental and physical faculties at that time.
Kelsey Miller, a DPS crime lab official in Austin, testified that when she received Nyabuto's blood for any substances it was not tampered with and the equipment was in proper working condition.
Miller testified that the level of THC found in Nyabuto's blood sample is indicative of someone who used the drug within the week that the sample was taken or the person would be considered a chronic user.
The effects of marijuana are slower reaction times, euphoria, drowsiness, sedation and other issues. When combined with alcohol, there would be an increased impact on the person, Miller testified.
Reports say there is an increase in crashes when someone has consumed both alcohol and marijuana as these substances affect how a person perceives things, Miller said.
Miller testified there were active amounts of 11-Hydroxy-THC and Delta 9 THC found in Nyabuto's blood sample. She agreed with the defense is no absolute proof that alcohol and marijuana combined to cause impairment in this case.