Erin Zilka Trial In I-55 Fatal Wreck Ready To Start At Courthouse

JOLIET, IL — It's now been three years and five months since off-duty Joliet police officer Erin Zilka crashed into a box truck blocking one of the southbound lanes of Interstate 55, killing Zilka's passenger, Charles Schauer.

On Tuesday, in Courtroom 405 of Will County Judge Dave Carlson, Zilka's criminal trial will take place. According to prior courtroom testimony, Zilka may opt for a bench trial with Carlson deciding her fate rather than have a jury trial, but that will be announced Tuesday morning.

The case is being handled by Illinois special prosecutor Bill Elward and the Illinois State Police investigated the crash. Zilka is represented by attorney Jeff Tomczak of the downtown Joliet law officers of Tomczak Law Group.

Here's a recap of the key events in Zilka's case over the past three-plus years:

January 2020

A six-year member of the Joliet Police Department and former Shorewood police officer, Zilka is charged with misdemeanor driving under the influence of alcohol in a Sunday morning crash that killed her passenger. "I can't say how sad she is. She is completely and totally devastated," "is completely devastated," her criminal defense lawyer Jeff Tomczak told Joliet Patch Monday morning. "It's beyond my ability to express it."

December 2020

Taxpayers across Joliet have shelled out nearly $88,000 since January to pay Joliet police officer Erin Zilka to stay away from the Joliet Police Station after her off-duty crash on Interstate 55 that killed her passenger, Joliet Patch has learned.

Joliet Police Chief Al Roechner put Zilka on paid leave from the force following Zilka's 6 a.m. crash on Sunday, Jan. 19, that claimed the life of 33-year-old Berwyn police officer Charles Schauer of Glen Ellyn.

December 2020

Three felony charges were filed against Erin Zilka, the Joliet police officer whose early morning crash along Interstate 55 near Plainfield killed her 33-year-old passenger, Charles Schauer, an off-duty Berwyn police officer. Zilka was charged with three Class 2 felony charges of aggravated driving under the influence involving an accidental death.

For the past 11 months, Zilka only faced one charge, a misdemeanor count of driving under the influence of alcohol. Following the wreck, Joliet Police Chief Roechner put Zilka on paid leave.

March 2021

Rodrigo Marin's fourth drunken driving offense resulted in a collision on Interstate 55 that took the life of an off-duty Berwyn police officer on Jan. 19, 2020. This week, Marin pleaded guilty to the felony crime of aggravated driving under the influence. Several other charges were dismissed under the plea bargain with the Office of Will County State's Attorney Jim Glasgow.

Judge Carlson sentenced Marin to a four-year prison term at the Illinois Department of Corrections. Now 43 years old, Marin has remained in the Will County Jail since March 20, 2020.

July 2021

As Zilka sat in the front of Will County Courtroom 405, Rodrigo Ortega Marin underwent a barrage of questions from Zilka's lawyer Jeff Tomczak at Wednesday afternoon's pretrial hearing.

Tomczak blames Marin —the recently sentenced Plainfield man — for causing the deadly Jan. 19, 2020 crash along Interstate 55 near Joliet that killed Zilka's passenger, off-duty Berwyn police officer Charles Schauer.

"Our theory of the case has always been that Rodrigo Marin's initial accident was truly the cause of Mr. Schauer's death in this case, so we think it's crucially important that the judge in this matter hear the testimony of Mr. Marin," Tomczak told Joliet Patch. "We have large concerns that he might not be in the country or available at the time that this case might go to trial, so we did a very rare procedure in criminal court law, which is called an evidence deposition."

May 2022

Almost two-and-a-half years after being involved in a deadly crash along Interstate 55 that killed her passenger, Zilka has resigned from her position, city manager Jim Capparelli confirmed for Joliet Patch on Thursday.

Capparelli said that Zilka made the decision to leave the city of Joliet. The Plainfield resident still faces three felony charges in connection with her Jan. 19, 2020, crash on I-55 in Plainfield Township that killed her passenger, Charles Schauer, a Berwyn police officer.

"She is no longer with the city," Capparelli remarked during an interview in his office. "She resigned."