KATY, Texas (Covering Katy News) - A driver charged in the death of Cinco Ranch High School student Logan Dark faces additional scrutiny after testing positive for marijuana while free on bond.
The district attorney responded by re-indicting Devin Delvalle, adding language to his two indictments that indicates he may have been high at the time of the accident.
"We added marijuana use as a possible contributing factor," Assistant District Attorney Wesley Witting told Covering Katy News.
While investigators initially suspected marijuana use by Delvalle at the time of the crash, the failed drug test prompted prosecutors to cite it as a possible contributing crash factor in the indictment.
Investigators detected an odor of marijuana in Delvalle's 2014 Nissan Maxima immediately after the crash, according to the arrest affidavit. Sheriff's Deputy Allen also said he found a green leafy residue in the passenger compartment and a digital scale in the back passenger pocket.
"Persons who regularly use substances such as marijuana also carry digital scales to weigh the substance during transaction," the affidavit states.
Covering Katy News
The Cinco Ranch crosswalk where Logan Dark was struck by a car and killed in Sept. 2023. Since that time additional signage and a pedestrian activated stop light has been added and the crosswalk has been moved.
Prosecutors added marijuana-related language to two indictments after Delvalle failed a court-ordered drug screening Jan. 29, 2024. The modified indictments now state he was "operating a motor vehicle after ingesting marijuana and caused his motor vehicle to collide with Dark."
The fatal collision occurred Sept. 28, 2023, at 6:46 a.m. in the 6000 block of South Mason Road near Creech Elementary School. Prosecutors say Delvalle struck Dark, who was on his bicycle in a crosswalk. Investigators say he never applied his brakes.
Delvalle told investigators he was traveling 43 mph in a 40-mph zone. The affidavit notes he "failed to maintain a proper lookout." Dark was pronounced dead at the scene.
Delvalle remained at the crash site and cooperated with investigators. He faces charges of manslaughter and collision involving a pedestrian/road user in a crosswalk under recently enacted state legislation.
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Schmidt Funeral Home
Logan Dark loved to fish.
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Covering Katy
On the morning of the accident, Sheriff Eric Fagan (middle) and District Attorney Brian Middleton (right) held a news conference on South Mason Road. The victim, Logan Dark was a Cinco Ranch High School freshman who was riding his bike to school when he was struck by a car.
Fort Bend County District Attorney Brian Middleton authored the crosswalk law after residents complained about drivers disregarding pedestrians in crosswalks.
“A concerned parent reached out to my office after she was almost struck by a vehicle that ignored pedestrians in the crosswalk,” Middleton said. “Our goal is to visibly increase safety and awareness in the community we serve. It is dangerous behavior that can easily be avoided if we just pay attention and remain considerate of others.”
Delvalle is expected to be back in court, going before Judge Edward Krenek, on Feb. 12 at 9 a.m.