Fate of Indianapolis officer who struck and killed pedestrian in legal limbo

INDIANAPOLIS — More than a week after an Indianapolis police officer struck and killed a pedestrian, there's still no word on whether the officer could face charges — and experts say the case could stay in limbo for weeks, if not months.

Investigators said they suspected seven-year Indianapolis Metropolitan Police Department veteran Bernardo Zavalza, 39, was under the influence of alcohol when he hit 53-year-old Ronny Bowling with his police cruiser late on Sept. 24. The department placed him on paid administrative leave and stripped the officer's police powers, citing "strict" alcohol policies.

But since that night, authorities have remained tight-lipped about Zavalza's future. A blood draw taken that night would determine blood alcohol level, but the results from that test have not been released. Investigators haven't said what other factors may be under consideration.

Marion County Prosecutor's Office spokeswoman Peg McLeish said earlier this week that more information will be released once a charging determination is made.

Indianapolis attorney Jack Crawford, a former Lake County prosecutor, said it's not unusual to see prolonged silence in this kind of case.

"It's not as easy as it might appear to investigate," Crawford said, "and there are a lot of factors that enter into the charging decision."

Factors including: How fast was Zavalza driving? Were any of his movements erratic? What was the lighting like on the roadway?

And where was Bowling when the crash occurred? According to a police report, an anonymous 911 call received four minutes before the crash first alerted officers that a man was walking in the middle of Southport Road on the city's Southeastside, near where Zavalza struck Bowling.

Crawford said those types of factors could make the investigation can take anywhere from six weeks to two months to properly complete.

The prosecutors, Crawford said, “want to be careful that they have a provable case."

And in a case potentially involving alcohol, the amount ingested can often create complexity for investigators, Marion County Deputy Prosecutor Denise Robinson said.

A blood alcohol content at or above the legal limit of 0.08 would likely lead to a criminal charge. But Robinson said prosecutors could even pursue charges if a person registers 0.05, an amount that allows for the consideration of likely impairment.

"That becomes a factor to look at, but we can't charge based on that one factor," she said. "So we have to start looking at some other act committed in conjunction that takes us above an accident, or negligence."

Ultimately, Robinson said, negligence alone doesn't rise to the level of criminal conduct — making it important to examine every possible criteria. She said that also includes examining toxicology reports to see if a person took anything in combination with alcohol, like illegal or prescription drugs.

That analysis, she said, can take at least six weeks to complete.

Regardless of the outcome of the criminal investigation, Zavalza's time on the police force may be over. Unlike the standards for criminal prosecution, IMPD policy makes the operation of a city-owned vehicle with a blood alcohol content greater than 0.02 grounds for dismissal.

IMPD spokesman Lt. Rick Riddle said the department will wait until the criminal investigation wraps up before an administrative decision on Zavalza's employment can be made.

Contributing: Michael Anthony Adams of The Star