Court filing shows possible defense strategy of former deputy charged in death of Jackson Kradle

MT. CARROLL, Ill. – A former Carroll County Sheriff’s Deputy is set to be arraigned in court this week after being formally accused of striking and killing Jackson Kradle, 18, with his truck last July.

Despite switching to a Lee County judge, the Carroll County Circuit Clerk confirmed to me Monday arraignment will still be held at the Carroll Co. Courthouse in Mt. Carroll Wednesday morning.

According to court documents, in March, Illinois State Special Prosecutor Charles Colburn charged now-former deputy Matthew Herpstreith, 44, of Savanna, Illinois, with the following:

A motion for discovery filed by Herpstreith’s attorney in late March reveals what could be their defense strategy if they choose to forgo a plea deal and take the case to trial.

But first, let’s review what Herpstreith is being accused of doing in relation to Kradle’s death:

Colburn accuses Herpstreith of driving a Dodge Ram 1500 pickup truck in the early morning hours of July 28, 2024, after consuming alcohol since late afternoon the prior day, when he allegedly drove into and over Kradle, who was a pedestrian on Illinois Route 78 just north of Mt. Carroll, causing his death.

Colburn also accuses Herpstreith of providing false statements to the Carroll County Sheriff’s Office shortly after the incident saying he ‘went around’ Kradle’s body. Prosecutors say this is false and that the statement Herpstreith provided ‘materially impeded the administration of justice.’

Furthermore, Colburn accuses Herpstreith of attempting to obstruct justice by spray washing the aforementioned pickup truck shortly after the incident ‘in order to wash away bodily tissue and fluids and destroy evidence of the truck running over Jackson Kradle.’

According to testimony and video provided at the Coroner’s Inquest in January, a man believed to be Herpstreith is seen on security footage driving a Dodge Ram pickup truck into the Savanna Car Wash where he proceeded to spray wash the bottom of the truck nearly 30 minutes after the alleged incident.

Illinois State Police denied my request, in accordance to state law, to obtain that video footage, despite it being shown in a public court proceeding, citing the ongoing criminal investigation.

It is my personal understanding Herpstreith is charged with an ‘Attempt’ to obstruct justice for this act because the ISP crime scene technician, who processed the truck, testified at the Coroner’s Inquest saying biological material, later identified as Kradle’s, was still present on the bottom of the truck.

One of the questions yet to be answered heading into Wednesday’s arraignment is whether or not the defense intends to take the case to trial or reach a plea deal. I reached out to Herpstreith’s attorney’s office last Thursday, and again Monday, but Mr. Nack himself has yet to return my call.

However, based on documents in a court filing I obtained from late March, we may now have a glimpse into what the defense strategy would be if this case were in fact to go to trial.

Pursuant to Illinois Supreme Court Rule 412, Herpstreith’s attorney filed a motion for discovery on March 27 which, per usual, asks for the disclosure and production of all evidence, reports, documents, statements, witness lists and other relevant materials the State intends to use at trial.

Requests for all the above is common at this stage of a criminal trial, however, there are a couple line item requests regarding potential witnesses that stand out and could be part of their defense strategy.

Line item 8 asks for the ‘Prior criminal records of State’s witnesses to be used for impeachment.’

According to the Cornell Law School’s Legal Information Institute: Impeachment of a witness refers to the process of discrediting or undermining the credibility of a witness during a trial , by presenting evidence or asking questions that contradict their testimony or reveal a bias, inconsistency, or falsehood in their statements. It is a common strategy used by attorneys to challenge the veracity of a witness and to cast doubt on the reliability of their testimony.

In the next line, item 9, the defense asks for the State to ‘disclose whether there is any criminal or civil action, including forfeitures, involving the People of the State of Illinois during the pendency of the prosecution of the accused against the Defendant or any witness listed in *Paragraph 2 supra, or arising out of this charged offense(s) and if so, a full disclosure as to the nature of and any subsequent outcome of such legal actions.’

*Paragraph 2 refers to the defense’s request for ‘A list of witnesses of persons whom the prosecution may or may not call as witnesses and their addresses, including production of the following: Any written or recorded statements by these witnesses, including those written or recorded statements of police officers; Any memoranda reporting or summarizing oral statements by such witnesses;  Any 911 tape.’

While simply asking for these items at the beginning of a criminal proceeding does not explicitly imply a defense strategy, it does show the defense is interested in the background of possible witnesses for which they could impeach. This would prove relevant in this case due to the state’s reliance on witness testimony to introduce charges against Herpstreith, particularly in regard to his alleged alcohol consumption.

Furthermore, the defense could use a negative civil or criminal background to impeach possible witnesses taking the stand on behalf of, or in support of, the victim Jackson Kradle.

It is also possible the defense is seeking insight as to how the state would want to utilize Herpstreith’s passenger as a witness at trial. As, according to released phone calls, police reports and inquest testimony, now-former Carroll County dispatcher Amy Hubble was Herpstreith’s passenger in the truck.

According to Judici, neither Herpstreith nor Hubble have a criminal history in Carroll County. Furthermore, there are currently no filings against the two since Kradle died July 28. With that said, a potential witness at trial could be the woman with connections to Kradle’s family who Hubble filed an Emergency Order of Protection against in September, which was ultimately dismissed a month later after Hubble failed to appear.

Hubble did plead Guilty to trespassing charges in Clinton County, Iowa back in January, but it is unclear if this would prove relevant at trial. She was later sentenced to pay $630 in fines and associated costs.

No charges have been filed against Hubble in relation to Kradle’s death.

Arraignment is open to the public and will be held Wednesday at 10 a.m. in Courtroom C.

Lee County Judge Matthew Klahn has been assigned to the proceeding while Illinois State Special Prosecutor Charles Colburn has been listed as the prosecuting attorney, according to Judici.

Click link below to view copy of motion for discovery filing.

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