UPDATED: Montgomery County Constable’s Investigator struck by vehicle, Suspect in Custody

UPDATE 5/1/24: The Montgomery County Precinct 2 Constable’s Office is providing an update regarding the injury of Investigator Toby McLaughlin, who was struck by a vehicle while directing traffic during the Memorial Hermann Ironman race on Saturday, April 27, 2024.

Following the incident, based on initial information, Mr. David Wargetz of Houston was charged with the felony offense of Failure to Stop and Render Aid resulting in bodily injury under Texas Transportation Code § 550.021.

Upon further investigation, which included reviewing video footage of the incident and Deputy McLaughlin’s statement after surgery, the Montgomery County Precinct 2 Constable’s Office, Montgomery County Sheriff’s Office, and Montgomery County District Attorney’s Office have determined that the initial charge should be dismissed.

Mr. Wargetz will now be charged with the Class C misdemeanor offense of Obedience Required to Police Officers, School Crossing Guards, and Escort Flaggers under Texas Transportation Code § 542.401.

The Montgomery County Precinct 2 Constable’s Office remains committed to a thorough investigation and will conduct an internal administrative review to determine if any further action is necessary.

Our thoughts and prayers remain with Investigator McLaughlin as he recovers from his injuries, and we wish him a speedy and full recovery.

ORIGINAL: The Woodlands, TX – April 27, 2024 – At approximately 3:00 PM, Investigator Toby McLaughlin, a 40-year veteran with the Montgomery County Precinct 2 Constable’s Office, was assisting with traffic control related to the Ironman North American Championship at the intersection of Grogans Mill Rd. and S. Millbend Dr. in The Woodlands.

David Wargetz, a 50-year-old male from The Woodlands, was traveling west on S. Millbend Dr. in a white Honda Civic. As Inv. McLaughlin was attempting to stop vehicle traffic for cyclists, Wargetz disregarded traffic direction and struck Inv. McLaughlin with his vehicle, and then fled the scene. Inv. McLaughlin was transported to Memorial Hermann The Woodlands Hospital in serious but stable condition.

Wargetz’s vehicle was later located at an apartment complex in The Woodlands where he was taken into custody for Failure to Stop and Render Aid causing serious bodily injury, a third degree felony. He is currently in the Montgomery County Jail in lieu of a $30,000 bond.

Constable Gene DeForest would like to thank the Montgomery County Sheriff’s Office, the Montgomery County Hospital District EMS, The Woodlands Fire Department, and the Montgomery County Pct. 3 Constable’s office for their assistance in the care of Inv. McLaughlin as well as bringing this suspect to justice.

The Montgomery County Precinct 2 Constable’s Office asks anyone with information regarding this incident to contact the Montgomery County Sheriff’s Office at (936) 760-5800.

Source: Chief Deputy David Eason, Montgomery County Precinct 2 Constable’s Office

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