Charges against a man have been dropped after dashcam video surfaced showing the crime he was accused of didn’t actually happen. Not only that, it shows -- a Montgomery County constable -- caused his own injury.
The driver was originally accused of seriously injuring that Montgomery County Precinct 2 Constable’s Office investigator who was directing traffic at the Ironman North American Championship in The Woodlands last weekend.
Dashcam video from another driver’s car showed Investigator Toby McLaughlin, a 40-year veteran with the Montgomery County Precinct 2 Constable’s Office, kicking the man’s vehicle as he passed by and hurting his own leg.
The constable’s office initially said McLaughlin was attempting to stop traffic for cyclists, when the driver ignored McLaughlin’s signals, hit him and then took off.
The man was originally charged with failure to stop and render aid causing serious bodily injury and was in Montgomery County Jail with a $30,000 bond before the charges were dropped.
WHY THE VIDEO CLEARS THE DRIVER OF FELONY CHARGE
Here’s what the video shows and why it cleared the driver of any charges.
You see McLaughlin directing traffic for the Ironman North American Championship at the intersection of Gosling Rd. and S. Millbend Dr. in The Woodlands.
The driver heads west on S. Millbend Dr. in a white Honda Civic, ignoring McLaughlin’s signal to stay put.
And here’s the win for the driver: The video shows his car never hit the constable, and it also shows McLaughlin kicks the car and then falls to the ground.
McLaughlin was taken to Memorial Hermann The Woodlands Hospital in serious but stable condition.
THE VALUE OF VIDEO AS EVIDENCE
KPRC2 Legal Analyst Brian Wice told KPRC2 Reporter Corley Peel that surveillance is vital in speeding up the court process.
“I believe that ring doorbells, dash cams and municipal surveillance cameras are probably among the most consequential developments in the criminal justice system in the last generation or two, because it underscores the criminal justice system’s dual commitment to freeing the innocent, convicting the guilty. Those videos don’t take sides. And we can have almost instant real-time exoneration or in some cases real-time conviction based upon those compelling videos,” said Wice.
The Montgomery County Precinct 2 Constable’s Office on Wednesday charged the driver with a Class C misdemeanor offense of Obedience Required to Police Officers, School Crossing Guards, and Escort Flaggers.
According to the District Attorney’s Office, the driver is expected to be charged with a class c misdemeanor for disregarding McLaughlin’s traffic signals.
“The maximum possible punishment is a $200 fine in court costs. It’s the same type of infraction that all of us in life have had to contend with. If we don’t have our insurance or run a stop sign,” said Wice.
The Montgomery County Precinct 2 Constable Office said it will conduct an internal administrative review to determine if any further action is necessary. The office said their thoughts and prayers remain with investigator McLaughlin.
Statement from Montgomery Co. DA office:
On Saturday, April 27, 2024, Deputy Toby McLaughlin of Precinct 2 Montgomery County Constable’s Office, suffered a serious injury while directing traffic during the Memorial Hermann Ironman race in The Woodlands. (The Houston man) was initially charged with the felony offense of Collision Involving Personal Injury under Texas Transportation Code § 550.021. Upon receipt and further review of a video of the incident, the Montgomery County District Attorney’s Office has filed a motion to dismiss the felony charge. There is an anticipation that (the man) will 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. Precinct 2 will review the incident for any other actions that may be necessary.
The Memorial Hermann Ironman is a tremendous and important event for the Montgomery County community, attracting participants from nearly every state in the United States and over 50 countries worldwide. The District Attorney’s Office and the rest of the Montgomery County law enforcement community want to stress the importance of cooperating with officers as they attempt to make this and other similar events safe for participants and citizens of the county.
The Montgomery County Precinct 2 initially posted to their socials after the incident:
Montgomery County Constable’s Office Investigator Struck by Vehicle, Suspect in Custody
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.
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, (the man) 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.
(His) 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.
SEE ALSO: Man on his way to work shot to death in northwest Harris County
After viewing the dashcam video, the Montgomery County Precinct 2 office sent KPRC 2 this statement:
Via Montgomery Co Pct 2 Constable:
FOR IMMEDIATE RELEASE Montgomery County Precinct 2 Constable’s Office Issues Update on Deputy Injury Conroe, Texas – [May 1, 2024] – 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, (the man) 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.
(The man) 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. ### Media Contact: Chief Deputy David Eason Montgomery County Precinct 2 Constable’s Office (936) 539-7854 david.eason@mctx.org