(By Michael Heinz/Journal & Courier) Bailiff Chuck Molter escorts Cesar De La Rosa during his court appearance Thursday at the courthouse.

By Joe Gerrety
jgerrety@journalandcourier.com

A Lafayette man accused of causing a fatal crash while driving with drugs in his system likely will face more serious charges once results of blood tests are available, lawyers said Thursday.

Cesar De La Rosa, 23, hung his head and answered questions in a soft voice during a brief court appearance Thursday before Judge Don Johnson of Tippecanoe Superior Court 1.

He is accused of having drugs in his system when he caused a crash July 12 on South Ninth Street that killed 9-year-old Jimmy DeBoy, who was riding a bicycle on the sidewalk.

Jimmy's father, Mike DeBoy, attended the court hearing but declined to comment afterward. Several friends and family members of De La Rosa also attended.

Deputy prosecutor Jody Donaldson said he hopes to receive results of a toxicology test on De La Rosa's blood from an out-of-state laboratory in about a week.

If the tests confirm the presence of drugs in De La Rosa's blood, Donaldson said, an elevated Class B felony charge likely will be filed. Currently, the most serious charges against De La Rosa are Class C felonies.

A Class C felony carries a maximum penalty of eight years in prison; a Class B felony has a maximum penalty of 20 years.

Indiana law makes driving with a controlled substance "in the body" a Class B felony. In order for the drug to be in the body, it must be in the blood -- not merely the urine, Donaldson said.

Initial charges filed Wednesday against De La Rosa were based on results of an instant urine screen taken at Home Hospital after the crash. The blood samples were sent away for testing.

According to court documents, the urine screen showed positive results for the presence of marijuana, opiates and benzodiazepines. De La Rosa also had a small amount of alcohol in his system, police reported.

De La Rosa's defense attorney, Gregg Theobald, said Thursday that his client, who had suffered fractures to his lower leg and heel a few weeks before the crash, had a valid prescription for Lortab, a pain medication, which could explain the presence of opiates.

Benzodiazepines are found in prescription anti-anxiety medications such as Xanax. Theobald said he didn't know if his client had a prescription for such a drug.