Ex-Joliet police officer says truck she ‘clipped’ was ‘completely blacked out’

Erin Zilka sits in on day two of her trial at the Will County Courthouse on Wednesday, June 28th, 2023 in Joliet. The former Joliet police officer Erin Zilka is on trial on aggravated DUI charges following a deadly 2020 crash where her passenger, Berwyn police officer Charles Schauer, 33, of Glen Ellyn, was killed.

A former Joliet police officer told a state trooper she “clipped the truck” that was “completely blacked out” in Jan. 19, 2020, crash that resulted in the death of another police officer who was a passenger in her car.

On Wednesday, Special Prosecutor Bill Elward played squad vehicle video of the interactions between former Joliet Police Officer Erin Zilka and Illinois State Police Trooper Kevin Wehling just after the chain reaction crash killed Zilka’s passenger, Berwyn Police Officer Charles Schauer.

Zilka is heard on the video crying intensely and repeatedly telling someone she was on the phone with, “I don’t know what to do.”

She told Wehling she wanted to speak with him “officer to officer,” and “I’m begging you right now,” but it was not entirely clear what she was requesting from him.

“You know I deal with this every day, but it’s different when the situation happens like this,” Zilka said to Wehling. She later said, “I know this is an awkward situation for you, but I am begging you right now.”

Zilka insisted she did not want medical attention, but she was recommended to receive treatment anyways. She was able to give Wehling the correct spelling of her name and provide the correct date of birth for Schauer.

Zilka is on trial on felony charge of aggravated driving under the influence. Elward considers the offense the “proximate cause” of Schauer’s death.

“I know this is an awkward situation for you, but I am begging you right now.

—  Erin Zilka

Wehling was one of several witnesses called by Elward on Wednesday as he makes his case to Will County Judge Dave Carlson that Zilka is guilty of the charge. She was initially charged with driving under the influence of lorazepam, but Elward dropped those charges because that was medication given to her at the hospital.

Zilka’s attorney, Jeff Tomczak, contends the Jan. 19, 2020, crash was unavoidable because the area of where the crash occurred on Interstate 55 was too dark. He also argues Zilka was not impaired.

A drone photo is shown of the wreckage of the vehicle, center, driven by the defendant, Erin Zilka, and the box truck she hit during the Zilka trial at the Will County Courthouse on Wednesday, June 28th, 2023 in Joliet. The former Joliet police officer Erin Zilka is on trial on aggravated DUI charges following a deadly 2020 crash where her passenger, Berwyn police officer Charles Schauer, 33, of Glen Ellyn, was killed.

Wehling said he did not smell the odor of alcohol on her. But he also said it was difficult to tell and he was not looking for signs of intoxication in the moment.

Another person who closely interacted with Zilka, paramedic Christian Abarca, said he also did not smell the odor of alcohol on her. He saw no symptoms that Zilka had been drinking, such as slurred speech, an unsteady gait or an inability to answer questions.

Abarca said Zilka was able to walk to an ambulance with no issues. However, Abarca said Zilka admitted to him that she had been drinking a few hours before the crash.

The events leading up to Schauer’s death began when Rodrigo Marin, who was drunk behind the wheel of his pickup truck, crashed into a box truck driven by Felix Ocampo.

The impact rendered Marin’s and Ocampo’s vehicles inoperable. Ocampo’s box truck was sitting between the fourth lane and the shoulder lane on I-55 in Plainfield, while Marin’s vehicle was just up ahead, according to testimony from Illinois State Police Trooper Jonathan Kueker.

Ocampo said he was “in fear of my life” at that moment. He said he saw Marin leave the scene of the crash, leaving him by himself to warn other motorists of his box truck in the roadway.

Ocampo said about 20 vehicles avoided striking his vehicle except for Zilka’s Dodge Durango, which spun clockwise after impact. Ocampo said he did not put out reflective triangles because he did not feel it was safe to do so.

A Nissan Altima avoided both Zilka’s and Ocampo’s vehicles but ended up striking the rear of Marin’s abandoned pickup truck.

Special Prosecutor William Elward goes over an aerial photo of the accident scene during the Erin Zilka trial at the Will County Courthouse on June 27th, 2023 in Joliet. The former Joliet police officer Erin Zilka is on trial on aggravated DUI charges following a deadly 2020 crash where her passenger, Berwyn police officer Charles Schauer, 33, of Glen Ellyn, was killed.
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