Indianapolis officer won't face charge over pedestrian death

INDIANAPOLIS (AP) - An Indianapolis police officer who fatally struck a pedestrian with his cruiser will not face charges, a prosecutor said Monday.

The evidence does not warrant criminal charges against Officer Bernardo Zavalza in the Sept. 24 death of 53-year-old Ronny Bowling, Marion County Prosecutor Terry Curry said.

Zavalza had a blood-alcohol level of 0.029 - below the legal limit of 0.08 - and was traveling at 46 mph in a 40 mph zone, Curry said. Also, Bowling was in the street during the crash that occurred just before midnight, the prosecutor said.

"The death of Mr. Bowling is a tragedy, and we extend our condolences to his family and loved ones. As with any fatal crash, our office has made a thorough review of all evidence related to the incident and determined that the actions of Officer Bernardo Zavalza do not rise to the level of criminal charges as prescribed by state statutes," Curry said in a news release.

Zavalza still might lose his job. Indianapolis Metropolitan Police Chief Rick Hite said he will recommend the Police Civilian Merit Board fire Zavalza "because of a clear violation of IMPD policy and a crash resulting in a fatality." '

Officers driving a department vehicle with a blood-alcohol level of 0.02 percent can be recommended for termination, IMPD has said.

"After reviewing the administrative findings from both the Internal Affairs and Special Investigation Units, I find it appropriate, warranted and within IMPD policy to recommend to the Police Merit Board that Zavalza be terminated," Hite said.

Zavalza, a seven-year police veteran, currently is on administrative leave and his police powers have been suspended.

Curry's statement marked the first time that Zavalza's blood-alcohol level at the time of the crash was revealed publicly. Curry's office earlier had said it would not be released until authorities completed an investigation into the crash.