Driver accused of hitting Cinco Ranch HS student in crosswalk identified, charged, FBCSO says

Saturday, September 30, 2023
Driver in crash that killed teen nearly let go without charges: FBCDAO
Officials identify Devin Delvalle as the man accused of hitting a 14-year-old Cinco Ranch High School student riding his bike on Thursday.

KATY, Texas (KTRK) -- A driver accused of hitting and killing 14-year-old Logan Dark as he rode a bike to school on Thursday has been identified, according to the Fort Bend County Sheriff's Office.

Officials have arrested 20-year-old Devin Delvalle, who crashed into the young teen who was on his way to Cinco Ranch High School, where he was a student, according to the sheriff's office.

Logan was a rising football star at Cinco Ranch. His mom said it wasn't even about being the best. He just loved being a part of a team. His passions are clearly represented in the mementos dropped off at a memorial near the crash scene.

Many placed fishing poles in the ground to represent what Logan's parents say he loved most - reeling in a big one. But Dark's father said no matter how big the fish, he always released them back into the water.

The family wanted to mourn in private, away from ABC13's cameras.

ORIGINAL REPORT: 14-year-old Cinco Ranch High School student killed in crash on Mason Road near Creech Elementary

The crash happened just after 6:45 a.m. in the 6000 block of Mason Road and Cinco Park, near Betty Sue Creech Elementary School.

When deputies arrived, it was learned that Delvalle fatally hit the student, who was reportedly in the crosswalk at the time of the crash. The sheriff's office said Delvalle stayed on the scene and cooperated with investigators.

Two good Samaritans were at the scene, tried to render aid and give CPR to the student, but he was pronounced dead, the sheriff's office said.

After further investigation, deputies arrested Delvalle and charged him with motor vehicle collision involving a pedestrian or other vulnerable road user within the crosswalk area, the sheriff's office said.

"This is a very sad and tragic incident on both sides, for the driver, and especially for the victim's family," Fort Bend County Sheriff Eric Fagan said. "Drivers need to slow down and pay attention, and that's extremely important in areas that are heavily traveled by children."

Delvalle is facing charges under the new Lisa Torry Smith Act, commonly known as the "Crosswalk Law." It was named after a mother who was fatally hit by a driver in 2017 while walking her 6-year-old son to school in Missouri City.

Delvalle was nearly released from jail Friday morning, according to his attorney, Amanda Bolin.

"When my client's case was presented to the judge, I argued on his behalf that there was not sufficient evidence for probable cause for his arrest, and the judge agreed," Bolin said.

The Fort Bend District Attorney's Office said Delvalle never actually left the jailhouse, but he was in the process of being released.

"It happens. There probably could've been some more information given to him from the affidavit from the deputies when the arrest went through the night before," Alison Baimbridge, the chief of vehicular crimes division at the district attorney's office, said.

The district attorney's office said it presented the case to a different judge who re-charged Delvalle and put him back behind bars.

"We continued to gather evidence. We do it in every single case until the case is finished, and we let the evidence lead us to the proper conclusion," Baimbridge said.

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Texas Gov. Greg Abbott signed the act into law on June 18, 2021, and it went into effect in September. The law requires drivers to come to a full stop for any pedestrians or cyclists who are in an intersection.

According to Fagan, a vehicle's average speed to cause a pedestrian's death is 22 to 35 mph.

Delvalle's attorney feels like the arrest was rushed, and more evidence was needed.

The district attorney's office refutes that and said it already had evidence Delvalle did not attempt to stop, and he was also familiar with the area and the crosswalks' locations.

As of late Friday, Delvalle has been released on bond, according to his defense attorney.

RELATED: Fort Bend Co. officials to discuss punishments for drivers who hit people at crosswalks