By Joe Gerrety
jgerrety@journalandcourier.com
and Sophia Voravong
svoravong@journalandcourier.com

Driver inattention may have been a factor in a Wednesday afternoon car crash that killed a 9-year-old boy, the driver and a passenger told police.

Cesar Delarosa, 23, is being held on a $250,000 surety bond, accused of driving after consuming alcohol and an illegal drug when his older-model Chevrolet Impala jumped a curb on South Ninth Street and struck a boy riding a bicycle in the sidewalk.

Jimmy DeBoy of Lafayette was pinned underneath the car and was pronounced dead later at Home Hospital.

Delarosa told police at the scene that he was trying to avoid a rear-end collision when he swerved and tried to brake "but hit the accelerator by mistake," according to an affidavit signed by Lafayette police officer Julie VanHorn.

One of his passengers, Raul Salazar, 24, told police the same story when he was found Thursday afternoon at a local residence, Lafayette police officer Tim Bonner said.

Salazar, of Lafayette, is being held on a $5,000 surety bond in the Tippecanoe County Jail for an unrelated warrant for a previous arrest.

He confirmed that Delarosa was the one behind the wheel when Jimmy DeBoy was struck, Bonner said.

Another passenger who fled had not been found as of Thursday night. Investigators know his name but have not released it, Bonner said.

Police used the affidavit signed by VanHorn on Wednesday afternoon to get a search warrant to obtain blood and urine samples from Delarosa after he refused to give a breath test to determine his blood-alcohol content.

VanHorn reported in the affidavit that she smelled the odor of alcohol on Delarosa at the crash scene and that Delarosa had red, bloodshot eyes. She reported Delarosa would not cooperate in her attempts to conduct a field sobriety test.

A portable breath test showed Delarosa had a BAC less than 0.04 percent, and he admitted to drinking one beer about 90 minutes before the crash. The legal BAC limit for driving in Indiana is 0.08 percent.

But Delarosa refused to give a breath sample on a court-approved machine, according to the affidavit.

Bonner said Thursday that a blood test done at Home Hospital has been sent to the Indiana State Police lab to confirm whether Delarosa indeed had drugs in his system. Results could take between one and two weeks.

The preliminary test tested for more than one type of substance, he said.

Bonner declined to name what the preliminary test found because there have been times when the confirmed test has not matched up, he said.

Several Lafayette police officers investigating the crash went to Fort Wayne on Thursday to attend an autopsy on Jimmy DeBoy's remains.

They learned that Jimmy died from internal injuries, Bonner said. He also suffered several abrasions from being dragged.

County magistrate Norris Wang set Delarosa's bond at $250,000 Wednesday.

Delarosa is expected to make an initial court appearance this afternoon at the Tippecanoe County Jail.

Prosecutors have filed a motion to revoke Delarosa's bond for a June 4 arrest on suspicion of possessing marijuana and possessing a controlled substance. Delarosa was free after posting a $500 cash bond in that case.

A search of Tippecanoe County court records showed no criminal charges against Delarosa prior to June 4.

Lafayette attorney Gregg Theobald, who represents Delarosa in the June case, said Delarosa is a U.S. citizen. He said Delarosa moved to Lafayette when he was 13 years old and attended Jefferson High School.

Bonner said police will confirm if this is accurate. Sometime between his arrest and when he was booked into the jail, Delarosa said he was born in Los Angeles.

Bonner said the investigation is mostly done. He still plans to examine Delarosa's Impala again, and police still want to speak with the other passenger.

Delarosa had a valid driver's license, but Bonner did not immediately know whether he had insurance for the car.

Crash suspect has pending drug charges

By Joe Gerrety
jgerrety@journalandcourier.com

The Lafayette man accused of causing a crash that killed a 9-year-old Lafayette boy on Wednesday had a pending felony charge of possession of a controlled substance, stemming from an early-morning traffic stop six weeks ago.


Cesar Delarosa, 23, was released on a $500 cash bond after his June 4 arrest.


In that case, Delarosa was arrested along with Derrick A. Barker, 25, of Lafayette after the car Delarosa was driving was pulled over by police about 1:51 a.m. June 4 in the area of 17th and Erie streets.


Here's what happened on June 4, according to police accounts provided in a probable cause affidavit:


Police officers noticed the smell of marijuana and found that both Delarosa and Barker were armed with large knives. Police also noticed a "softball sized" bulge in Barker's pants.


Barker attempted to run away, and a Lafayette canine officer who was at the scene turned loose his dog. The dog stopped Barker after a short pursuit. Police later found a plastic bag containing about 4 ounces of marijuana along the route where Barker fled from police.


An officer who searched the vehicle found some burnt marijuana and some Xanax pills, a prescription anti-anxiety medication. Delarosa was carrying $1,290 in cash.


Delarosa is tentatively scheduled to stand trial on charges of possession of a controlled substance and maintaining a common nuisance, both Class D felonies, and possession of marijuana, a Class A misdemeanor. If convicted of either Class D felony he could face up to three years in jail for those crimes.