Cop Charged With DUI 'Completely Devastated' Over Officer's Death

PLAINFIELD, IL — Off-duty Joliet police officer Erin Zilka, who is charged with misdemeanor driving under the influence of alcohol in a Sunday morning crash that killed her passenger, "is completely devastated," according to her criminal defense lawyer Jeff Tomczak.

"I can't say how sad she is. She is completely and totally devastated," Tomczak told Joliet Patch Monday morning. "It's beyond my ability to express it."

Zilka's passenger, 33-year-old off-duty Berwyn police officer Charles Schauer of Glen Ellyn, was pronounced dead at the scene.

Berwyn police said Schauer was a 10-year veteran of the department.

Zilka, 35, has been on the Joliet police force for the past six years.

Before that, she was on the Shorewood Police Department for six years. State police said she lives in Plainfield.

Illinois State Police said Zilka was driving a Dodge Durango when it struck a box truck that had been involved in a previous crash on southbound I-55 just north of Route 30.

DUI Charges Filed In I-55 Crash Minutes Before Officer Was Killed

Police said the crash happened just after 6 a.m. A Hino box truck driven by a Shorewood man had been involved in a previous crash and had come to rest in the right two lanes of traffic.

The Dodge driven by Zilka approached the earlier crash scene, hitting the back of the box truck, according to state police.

Tomczak said it's important to remind people that a different driver other than his client was responsible for causing the initial crash with the box truck.

He stressed it was completely dark and believes that his client did not have time to react to avoid hitting the other vehicles that came to a rest in the first two southbound lanes of I-55. "This all was happening in real time," Tomczak said. "So this is the second crash."

Tomczak also questions whether Zilka was driving under the influence of alcoholic beverages as the state police contend.

"We have the results of one of the chemical tests that were given immediately after the accident, which I believe showed her below the legal limit," he said Monday.

Zilka was taken to an area hospital with non-life-threatening injuries. She was given a traffic citation and notified her driving privileges are suspended, Tomczak said.

He said her next court appearance will be on March 18 in Will County Courtroom 314.

Illinois State Police said the crash "is an open and ongoing investigation" and did not release any additional information on Sunday.

The crash closed three of the right four lanes of I-55 for several hours Sunday morning. State police said all lanes were reopened as of 10:20 a.m.

On Monday morning, Joliet Police Sgt. Chris Botzum issued a short press release saying, "one of our officers, a 12-year veteran, was involved in an off-duty vehicle crash on I-55 near Route 30 where her passenger was tragically killed.

"The crash is currently being investigated by the Illinois State Police. Our department has begun an internal investigation and is in the process of collecting all the facts. Our thoughts and prayers are with all involved in this tragic incident."

This is a developing story. Check back for updates.