Felony charges against a Houston-area man accused of injuring a Montgomery County traffic cop in an apparent hit-and-run were dismissed last week after dashcam video revealed the officer caused his own injury.
David Wargetz, 50, was falsely accused of leaving the scene of an accident that caused serious injury to Detective Toby McLaughlin, a veteran of the Montgomery County Precinct 2 Constable’s Office, who was directing traffic at the Ironman North American Championship in the Houston suburb of The Woodlands in late April.
McLaughlin claimed that Wargetz’s car failed to stop on his command before hitting him in the leg and fleeing the scene.
However, an investigation by the Montgomery County District Attorney’s Office uncovered dashcam footage from another passing vehicle, which showed McLaughlin kicking the man’s vehicle as it passed, causing him to injure his own leg.
After the discovery, prosecutors dropped the felony charge against Wargetz, but he still faces a Class C misdemeanor for not obeying the commands of the police officer in an intersection, which is punishable by a court fine of up to $200, according to a news release.
An administrative review has been launched at the Montgomery County Police Department, but there was no early indication that McLaughlin would face internal discipline over the matter.
Initially, McLaughlin claimed he was trying to stop traffic for cyclists when Wargetz ignored his hand signals, hit him, and then sped away.
Later, the man’s car was located at a nearby apartment complex, where he was taken into custody and jailed on a $30,000 bond for failure to stop and render aid and causing serious bodily injury.
However, a closer look at the video from the scene, released by KPRC, contradicted McLaughlin’s version of what happened.
The footage showed McLaughlin directing traffic at the intersection of Gosling Road and South Millbend Drive in The Woodlands on April 27.
Wargetz’s white Honda Civic was heading west on Millbend when the driver seemed to ignore McLaughlin’s signal to stop.
Then, as the car passed him, McLaughlin kicked the side of the vehicle before falling to the ground in pain. Someone can be heard on video puzzled by the officer’s actions. “Why would you kick the car?”
McLaughlin was taken to Memorial Hermann The Woodlands Hospital in serious but stable condition with a shattered leg, which required surgery.
