Joliet Cop Erin Zilka Had 1 White Claw For The Road: Prosecutor

JOLIET, IL — The evidence is clear, special prosecutor Bill Elward declared during Friday's closing arguments in the aggravated DUI trial for Erin Zilka, that the off-duty Joliet police officer consumed alcohol for five hours at the Tipsy's Tap in Berwyn, and she consumed one more can of White Claw Hard Seltzer inside her Dodge Durango as she drove Chuck Schauer, a married off-duty Berwyn police officer.

Even though more than 20 other southbound Interstate 55 vehicles avoided crashing into the disabled Hino box truck, blocking the right lane of traffic, Zilka was traveling at least 68 mph as she smashed into the truck, killing Schauer instantly, Elward told the judge.

Third, Elward reminded Will County Judge Dave Carlson, Zilka is heard pleading over and over with one of the Illinois State Police troopers, repeatedly saying, "I'm begging you" and "officer to officer." Zilka was not begging to see the body of her passenger — she knew he was already dead, and she was trying to save herself from being arrested for a DUI, Elward argued.

"Her focus was shifting," Elward told the courtroom. "Now she wanted to know if this guy's going to write me up with a DUI .... Officer to officer. I'm begging you right now, I'm begging you right now."

Elward told the judge that one of the other state troopers, the one who ultimately determined she was intoxicated and under the influence of alcohol, saw Zilka at the deadly crash site on Interstate 55 chewing bubble gum.

"He tells us she's chewing gum," Elward said, noting that chewing gum is often used to conceal the odor of alcohol by motorists trying to avoid a DUI arrest.

"She drank. She drove. She failed to react like the 20-plus other drivers," Elward said, referring to the number of cars and trucks that managed to avoid crashing into the disabled Hino box truck blocking the far right lane of traffic after it was hit by four-time drunken driving, Rodgrio Marin, who tried to walk away from the scene and was later captured.

Elward noted that a blood draw at St. Joe's hospital of Zilka found she was at 0.07 for her blood-alcohol concentration level, which is just below the legal limit to be intoxicated in Illinois. But the blood draw happened about two hours after her crash killed her passenger.

According to the obituary, Schauer, age 33, worked for the Berwyn Police Department and was formerly of Elmwood Park. He was a 2004 graduate of Fenwick High School who attended Western Illinois University. He was survived by his wife, plus one son and one daughter.

Elward repeated to the judge that Zilka was traveling 68 mph when her Dodge Durango struck the box truck. She was not hurt, but her passenger died instantly from massive trauma.

"She chose to go 68 mph," Elward argued. "She drank five hours and (brings) one for the road."
And that's the reason she is begging the much younger and inexperienced Illinois State Police Trooper Kevin Wehling, assigned to take her initial statement, and making comments such as 'listen to me, officer to officer,'" according to Elward.

"She knows she's in trouble," Elward declared. "She's driving, she's drinking, she can't judge distances."

As for the driver of the disabled Hino box truck, he wore a neon yellow reflective vest as he waved at oncoming traffic, to switch lanes. "You can see that jacket," in the Illinois State Police dash-camera video, Elward reminded the judge.

"She's not paying attention. A broken down truck is foreseeable. Twenty other drivers were able to get around that box truck because she's impaired, she's not done drinking," Elward stressed. "This is, 'You drank, you drove, your driving caused his death.'"

During his own closing arguments, Joliet criminal defense lawyer Jeff Tomczak insisted that Zilka must be found not guilty on all the criminal charges. The evidence does not prove beyond a reasonable doubt that she was intoxicated and impaired while driving, Tomczak argued.

At least five people involved in the crash scene, firefighter-paramedics, Illinois State Police and medical staff at St. Joe's hospital did not observe any signs Zilka was intoxicated or impaired, Tomczak stressed.

The special prosecutor's case boils down to the testimony of one Illinois State Police Trooper, Michael Trainor. He smelled a strong odor of alcohol from Zilka's mouth at a distance of five feet away while she was in the patient room at St. Joe's hospital on Jan. 19, 2020, Tomczak noted.

"At least five witnesses in law enforcement, medical, first responders at the scene in contact (with Zilka) and all five of them said ... no evidence of impairment, no evidence of intoxication," Tomczak repeated.

Also, Zilka sat inside the squad car of Trooper Kevin Wehling for 24 minutes, and Wehling did not observe any signs of impairment, intoxication or odor of alcohol on Zilka's breath in the minutes after the fatal crash.

Zilka was not slurring her speech and she was able to walk just fine, according to her lawyer.

"These guys didn't ever suspect it," Tomczak announced. "They are your eyes and ears on the scene. They're telling you, no judge, she's not intoxicated."

On March 4, 2021, Joliet Patch published the following headline after attending a sentencing inside Carlson's courtroom: "Prison, Then Deportation, For Repeat Drunk Who Caused I-55 Wreck."

Carlson sentenced Rodrigo Marin of Plainfield to a four-year prison term at the Illinois Department of Corrections. Marin's fourth drunken driving offense resulted in the collision on Interstate 55 that took the life of the off-duty Berwyn police officer on Jan. 19, 2020.

"The responsibility for this death belongs with Mr. Marin," Tomczak argued Friday. "I think that's the real cause of this accident."

Judge Carlson told everyone he would announce his verdict in one week, at 10:30 a.m. Friday, July 7.

"I'm going to take a little time," Carlson informed everyone.