Joliet cop facing felony DUI charges in fatal 2020 crash that killed Berwyn officer resigns

A Joliet police officer facing aggravated driving under the influence charges in connection with a deadly 2020 crash that killed a Berwyn cop who was her passenger has resigned before an internal investigation was completed.

Erin Zilka, 38, of Plainfield, resigned from the Joliet Police Department on Monday, Joliet police Sgt. Dwayne English said.

On Dec. 9, 2020, Zilka was charged with aggravated DUI in connection with a Jan. 19, 2020, crash on Interstate 55 in Will County that led to the death of Berwyn police officer Charles Schauer, 33. An indictment alleged that Zilka’s DUI violation was the “proximate cause” of Schauer’s death.

Zilka was placed on paid administrative leave Jan. 22, 2020.

Zilka then was put on paid administrative duty to do work for Joliet City Hall on May 3, 2021, English said. She had been under an internal investigation regarding the deadly crash until her resignation.

“The internal investigation was unable to be completed due to her resignation,” English said.

When asked why the internal investigation had taken so long, English said internal investigations “often take significant time to complete.”

English said Zilka’s resignation was her decision.

When reached by phone Friday, Joliet City Manager James Capparelli said he was “out of town right now” and didn’t have time to answer questions regarding Zilka.

Jeff Tomczak, Zilka’s attorney in her criminal case, did not immediately respond to a call Friday.

Zilka is scheduled to appear in court July 6 so her trial date can be set.

Rodrigo Marin, 45, of Plainfield, also had been arrested in connection with the crash.

Marin pleaded guilty to aggravated DUI on March 1, 2021, and he was sentenced to four years in prison. He was paroled Oct. 22, 2021, according to the Illinois Department of Corrections.

Zilka and Marin are named as defendants in a lawsuit filed in Cook County on behalf of Jaron Srain, the brother of Schauer’s wife, Jessa Schauer. The lawsuit still is pending in court.

Tomczak’s law firm still is representing several other current and former Joliet police officers in pending cases, such as police Sgt. Javier Esqueda and retired police Lt. Dennis McWherter in Kendall County, and former officer William Busse in Will County.

Esqueda faces official misconduct charges in connection with the leak of squad video of Eric Lurry’s arrest in 2020. Lurry’s death from a fatal drug overdose after his arrest led to protests and a lawsuit from his wife, Nicole Lurry.

McWherter is charged with official misconduct and possession of a controlled substance for allegedly taking an opioid from a police dropbox at the Joliet Police Department West Substation in the Kendall County section of the city.

Busse is charged with battering his ex-wife in 2019 in New Lenox.