Former Joliet police officer found not guilty in deadly 2020 crash

WILL COUNTY, Ill. - A former Joliet police officer was found not guilty of aggravated DUI in connection to a 2020 crash that left an off-duty officer dead. 

Erin Zilka was found not guilty by a Will County judge Friday after a five-day trial. 

The deadly crash happened on Interstate 55 near Plainfield on Jan. 16, 2020.

Zilka, a 6-year veteran with Joliet Police Department, was originally charged with a misdemeanor count of driving under the influence after crashing her Dodge Durango into a stationary box truck that was blocking two right lanes of traffic following an earlier crash with a pickup truck.

She was off-duty at the time of the crash around 6 p.m. 

Her passenger, Charles Schauer, 33, was a 10-year veteran with Berwyn police. He was pronounced dead on the scene. Schauer was also off-duty at the time. 

Scheuer was married and the father of two children. 

Jeff Tomczak, Zilka's attorney, said she "came upon" an earlier accident in a "darkened" part of the road before crashing.

Her attorneys argued that there was poor visibility the night of the crash while prosecutors say she was drinking. 

Zilka's blood-alcohol level tested just under the legal limit two hours after the crash. The judge said it was a tough decision.

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"Her reaction time was exactly the same as a sober, normal individual which I think led the court to believe that even at the very moment of the accident she was driving under ordinary conditions," Tomczak said. 

Zilka was on paid leave with the Joliet Police Department for the past three years.

"Nobody won in this situation," Zilka said. 

She said she just wants to move on.