Joliet cop, Plainfield man sued in connection with fatal crash

A Joliet police officer and a Plainfield man are contending with a Cook County lawsuit filed by a relative of a Berwyn police officer who was killed in a Jan. 19, 2020, crash on Interstate 55.

A lawsuit was filed on Aug. 14 against Erin Zilka, Rodrigo Marin, and several other people and businesses, including Tipsy’s Tap in Berwyn, in connection with the crash that led to the death of Charles Schauer.

The lawsuit was initiated by plaintiff Jaron Srain, the brother of Schauer’s wife, Jessa Schauer. Srain’s lawsuit said he was appointed in Cook County as the independent administrator of Charles Schauer’s estate.

Marin has already been convicted of driving under the influence in connection with the crash. Zilka is still dealing with charges accusing her of committing a DUI violation that was the “proximate cause” of Schauer’s death.

Srain’s lawsuit lays out an alleged timeline of the events that led to his brother-in-law’s death.

On Jan. 19, 2020, Felix Ocampo Jr., drove a Hino box struck on I-55, about a quarter mile north of Route 30 in Plainfield, when his vehicle was struck by Marin’s vehicle, according to the lawsuit.

The lawsuit claims Ocampo left his box truck but failed to move it to a safe location, and also failed to use road flares or artificial lights in an area that had no natural daylight or artificial lighting.

Zilka was with Schauer at Tipsy’s Tap in Berwyn and the two left the 6802 W. 26th St.establishment in Zilka’s Dodge Durango, the lawsuit said.

Later on, Zilka’s vehicle struck Ocampo’s box truck, which had been left on I-55, the lawsuit said. Charles Schauer died after the crash.

The defendants named in the lawsuit are Zilka, Marin, Ocampo, MK Deliveries, MK Deliveries President Maria Kadushkina, Walter E. Smith Furniture and Tipsy’s Tap.

The lawsuit said Ocampo was working as an “agent, employee or servant” of MK Deliveries and Walter E. Smithe Furniture.

Marin and Zilka were accused in the lawsuit of failing to exercise care and caution while driving, failing to keep an adequate lookout, including for Ocampo’s vehicle, and driving while their blood-alcohol content was above the legal limit.

Marin was sentenced to four years in prison after he pleaded guilty to aggravated DUI, his fourth DUI violation, in connection with the deadly crash.

Marin was scheduled for a deposition on July 14 after Judge Dave Carlson granted a motion from Zilka’s attorney, Jeff Tomczak, on May 14.

Tomczak requested the deposition after arguing that Marin is one of the few witnesses who could testify about the details of the crash. Special prosecutor Bill Elward argued Marin is not a material witness in Zilka’s case and not criminally culpable for Schauer’s death.