Daniel Nyabuto, 21 of Grand Prairie, was originally being held on a $750,000 bond, but the court has since reduced his bond to $500,000.
During a hearing to discuss if Nyabuto’s bond should be reduced, his parents testified their son was living with them as a full-time Dallas Community College student at the time of the crash and had no money to use to post bond.
Nyabuto’s defense attorney and former Smith County District Attorney Matt Bingham said he has no criminal record, and that Nyabuto’s bond should be reduced since the crash “was not an offense of violence directed at a peace officer.”
In their argument, the district attorney’s office said they were asking “for the safety of Smith County” by maintaining Nyabuto’s bond at $750,000 since “he was so intoxicated a deputy was killed.” Prosecutors also said they felt the bond was fair since there were three other people in the deputy’s patrol car at the time of the crash.
According to an arrest affidavit, a DPS trooper who was dispatched to the crash said he “detected the strong odor of alcohol” coming from Nyabuto and determined he was intoxicated.
“Nyabuto did not know where his destination was or where he originated from,” the trooper said. “Nyabuto also swayed as he stood.”
Other witnesses from DPS and the sheriff’s office were subpoenaed to appear in court, however, they did not show up after being instructed not to by an assistant district attorney. A decision Judge Kerry Russell said put the attorney at risk of being found in contempt of court.
“I’m pretty shocked a lawyer would tell a subpoenaed witness not to show up,” Russell said. “I’ve never had a lawyer do that in my court before. It’s the court’s decision.”
Both Bingham and the prosecutors agreed the bond set should be reasonable and non-oppressive. After hearing arguments from both sides, the court ordered the bond to be reduced.