By Joe Gerrety
jgerrety@journalandcourier.com

The driver who caused a crash that killed 9-year-old Jimmy DeBoy on South Ninth Street on Wednesday had evidence of three types of drugs in his urine, according to court documents filed Friday.

The driver, Cesar Delarosa, 23, of Lafayette tested positive for marijuana, opiates and benzodiazepines, according to a probable cause affidavit filed by prosecutors. The urine sample, initially analyzed at Home Hospital, has been sent to a toxicology laboratory for confirmatory tests.

Delarosa hung his head and wiped away tears during a brief court appearance Friday at the Tippecanoe County Jail. Magistrate Norris Wang gave prosecutors until 3 p.m. Wednesday to file formal charges. Delarosa is being held on a $250,000 surety bond in the meantime.

In addition to the positive drug test, police suspect Delarosa had consumed alcohol before the older-model Chevrolet Impala he was driving jumped the curb near King Street on Wednesday afternoon and ran over Jimmy, who was riding his bicycle on the sidewalk.

"He's devastated by this. It's a terrible accident," Delarosa's girlfriend, Trisha Beavers, said after Friday's court hearing. A half-dozen other friends and family members attended the hearing.

"He would never intentionally hurt anyone," Beavers said. "He's kind and caring. He loves children."

According to the affidavit, Delarosa told police at the scene of the crash that he was driving with his left foot at the time of the crash because he was wearing a brace on his right ankle. Beavers said Delarosa broke his fibula and heel in a work accident at his tree-trimming job a few weeks ago.

Delarosa told police he went for the brake when a vehicle driving north in front of him stopped suddenly. He said he pressed the accelerator by accident, then swerved to avoid a collision with the other vehicle and went over the curb and crossed the sidewalk.

Wang said possible charges Delarosa could face in connection with the crash include operating while intoxicated resulting in death, possession of a controlled substance and reckless homicide.

Opiates are present in some prescription pain medications; benzodiazepines are found in some prescription anti-anxiety medications.

If Delarosa drove with illegal drugs in his system, under Indiana law, he could be convicted of operating while intoxicated causing death without police having to prove that he was impaired