Deputy Lorenzo Bustos, 29, was killed in July after the back of the patrol unit was rear-ended by a 2017 Mercedes on Highway 155 near CR 1237 at a moderate speed while he was standing at the back of the car.
The man Smith County Sheriff Larry Smith identified as the driver of the Mercedes, Daniel Nyabuto, 21, was initially arrested for intoxication assault has remained in jail since day of the crash and his bond was set at $750,000.
The charge was upgraded to intoxicated manslaughter causing death of a peace officer after Bustos died in the hospital.
“A DWI will kill someone as quick as a gun will,” Smith said at the time. “We are strict on DWIs in Smith County, DPS is, all the local law enforcement are and this is the reason.”