Texas Attorneys Ask Judge to Suppress Evidence in Daniel Nyabuto’s Intoxicated Manslaughter Trial
Attorneys representing a man accused of murdering a Smith County sheriff’s deputy have asked a judge to suppress evidence that contradicts allegations made in an affidavit, such as claims about slurred speech or swaying walking, recorded audio/video contradicts these accounts, while simply smelling alcohol does not provide accurate representation of intoxication levels.
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Daniel Nyabuto of Grand Prairie was arrested for intoxicated manslaughter on July 29 following the alleged incident that resulted in the death of Smith County Sheriff’s Deputy Lorenzo Bustos during a traffic stop. This charge follows allegations against Daniel of hitting and killing Lorenzo during a traffic stop and is currently facing formal charges of intoxicated manslaughter.
His attorneys have filed a motion to suppress evidence, alleging that the trooper’s affidavit contains false claims about Nyabuto’s alcohol consumption, such as smelling alcohol on his breath and body, swaying while standing, and slurred speech. Furthermore, audio/video footage contradicts claims he refused consent for blood testing.
He is widely recognized for his portrayal of Nyabuto in Maisha Magic East’s popular drama series Hullabaloo Estate, depicting life across various Kenyan neighborhoods. Additionally, he is an evangelical Christian as well as being a singer and an MC for parties.
After an in-depth hearing Wednesday, Daniel Nyabuto remains undecided regarding whether or not to change the venue for his trial scheduled to start May 1. His request remains on hold and may yet change before trial begins May 1.
Nyabuto has been charged with intoxication manslaughter and aggravated assault with a deadly weapon, according to an arrest affidavit filed at the scene of his arrest. A trooper at the scene reported hearing Nyabuto state that he did not know his destination and was unsteady when standing, also alleging slurred speech and unsteady balance as contributing factors.
Defense team claims that recorded footage contradicts allegations in Trooper Gayle’s affidavit and that several field sobriety tests conducted were not correctly administered by Trooper Gayle as per affidavit.
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Lorenzo Bustos was killed when struck by Daniel Nyabuto of Grand Prairie when driving his vehicle. A DPS trooper who observed the incident reported smelling an alcohol scent on Nyabuto’s breath, while writing in his affidavit that the man swayed while standing and lost both mental and physical faculties. At Wednesday’s hearing to decide on Nyabuto’s bond reduction hearing his parents testified he is full-time student at Dallas Community College with no money available to post his bond amount required by authorities – being held on charges of intoxicated manslaughter.
Attorneys representing a man accused of killing a Smith County deputy are trying to suppress evidence in their trial. Defense lawyers contend that bodycam footage contradicts claims in Trooper Lorenzo Bustos’ affidavit that stated he smelled alcohol while standing or walking and had an unstable gait, according to which Nyabuto had strong alcohol odor. They further assert that scent alone cannot accurately assess intoxication levels in someone.
Bustos suffered two significant head injuries before later succumbing at Tyler Memorial Hospital. Daniel Nyenze Nyabuto, 21, the driver of the Mercedes, was initially charged with intoxication assault; there are now plans to upgrade that charge to intoxication manslaughter; currently being held at Gregg County Jail on a $750,000 bond.
Tenderfeet Education Center has provided Kibera children with vital services for more than two decades, creating lifesaving opportunities through proper healthcare, poverty, or poor education. Margaret Nyabuto has made Kibera her home and is widely revered for her compassionate approach and dedication towards those she serves.
Lorenzo Bustos of the Alguacil del Condado Smith Office died shortly after being struck by an unknown vehicle while protecting our neighbors on State Route 155 near Tyler on Friday, 29 July. Suspect Daniel Nyabuto of Grand Prairie had entered his car and struck Bustos.
The 21-year-old has been charged with intoxicated manslaughter causing the death of a peace officer, with an initial bond set at $750,000.