Prosecution: Erin Zilka Under Influence Of Drugs At Time Of Wreck

JOLIET, IL — Off-duty Joliet police officer Erin Zilka was under the influence of Lorazepam, a controlled substance, on Jan. 19 when she got into a crash on Interstate 55 in Plainfield Township, killing passenger Charles Schauer, a Berwyn police officer, according to her criminal complaint.

One of Zilka's felony charges at the Will County Courthouse is listed as aggravated driving under the influence (sic) combination alcohol and drugs.

Her other two felonies are both aggravated driving under the influence of alcohol.

On Friday, Zilka's criminal defense attorney, Jeff Tomczak, told Joliet Patch that he intends to prove that his client was not under the influence of alcohol or medications at the time of her deadly crash on I-55.

The Tomczak Law Group is investigating the possibility that Zilka was administered the Lorazepam by hospital staff that morning of the fatal crash, Tomczak said.

According to an online medical website, Lorazepam is a medication used to treat anxiety and it works with the brain and nerves to produce a calming effect.

Furthermore, "she was given a blood test immediately upon entering the hospital that showed her to be under the legal limit in Illinois," Tomczak said Friday.

Her other two charges state that Zilka "while under the influence of alcohol" was driving her Dodge Durango when she got into the I-55 wreck that resulted in another person's death. The crash happened as Zilka and her passenger were driving back to her home in Plainfield that Sunday morning around 6 a.m.

She crashed into a box truck that was involved in a crash several minutes earlier.

Zilka's criminal complaint states that the "alcohol concentration in the defendant's blood ... was 0.08 or more based on the definition of blood and breath units" in Illinois state law.

The 36-year-old officer has remained on paid leave from the Joliet Police Department for these past 11 months, making nearly $88,000 for not showing up to work since the Jan. 19 crash.

Zilka will make her first court appearance on her three felony charges Jan. 8 in Courtroom 405 of Will County Circuit Judge Dave Carlson.

The Illinois State Police investigated the fatal crash, and a Will County grand jury returned a bill of indictment against Zilka this past week.

"I have yet to receive the accident reconstruction report, and we are going to enter a not-guilty plea on January 8," Tomczak said.

Joliet Patch coverage from this week:

Erin Zilka Paid $87,700 To Stay Home From Joliet Police Station

Joliet Officer Charged In DUI Death On I-55