MT. CARROLL, Ill. – The attorney representing a former Carroll County Sheriff’s Deputy charged in the death of Jackson Kradle filed a motion Monday requesting a substitution for the judge assigned to the homicide case.
Now-former deputy Matthew Herpstreith, 44, faces multiple felony charges including Reckless Homicide and Obstructing Justice. He is accused of striking and killing Jackson with his truck, lying to police and attempting to destroy evidence by allegedly washing the bottom of the truck shortly after the alleged incident.
According to court records, Herpstreith’s defense attorney, Joseph Nack, filed a Motion for Substitution Monday afternoon to request the replacement of Lee County Judge Matthew Klahn.
During April’s arraignment proceedings, Judge Klahn made both parties aware of a possible conflict of interest involving himself and his brother-in-law who works for Illinois State Police.
Special Prosecutor Charles Colburn confirmed to the court the man in question was involved in the investigation into Kradle’s death. Judge Klahn advised both parties he will allow them time to file a motion to substitute him with a new judge to oversee the case moving forward.
According to Illinois state law, regarding a motion to substitute a judge, a hearing should be held as soon as possible, by a judge not named in the motion. If the motion is allowed, the case would be assigned to a different judge. If the motion is denied, the case would likely be assigned back to Judge Klahn.
It is unclear if this motion will affect the previously scheduled preliminary hearing currently set for Friday May 9 at 1:30 p.m. at the Carroll County Courthouse in Mt. Carroll.
Meanwhile, my investigation continues into the actions of Herpstreith’s passenger, now-former Carroll County dispatcher Amy Hubble, and the first-responding member of law enforcement who allowed them to leave the scene where Jackson was killed, Mt. Carroll Police Officer Scott Marth.
According to police reports and inquest testimony, Hubble was a certified paramedic with the Savanna Ambulance Association when she rolled Jackson’s body to assess him at the scene and claimed to hear an agonal breath before informing the first-responding on-duty member of law enforcement on the scene, Mt. Carroll Police Officer Scott Marth, he was dead.
According to Carroll County Coroner Matthew Jones’ timeline of events presented at the inquest in January, Marth arrived to the scene around 3:36 a.m. but when on-duty Carroll Co. deputy Josi Anderson arrived to the scene at around 3:46 a.m. both Hubble and Herpstreith had already left.
In April, I submitted a records request with the Savanna Community Ambulance Association asking for more information regarding Hubble’s role as a paramedic at the scene where Jackson was killed.
An attorney representing the Savanna Community Ambulance Association denied my request, in accordance to Illinois state law, citing the fact the organization is a not-for-profit and not a public body and, thus, not subject to Freedom of Information Act requests.
I also reached out to the Mt. Carroll Police Department asking for more information regarding Officer Scott Marth’s actions the morning Jackson was killed. But, as of Monday, I have not received a response.
However, I will be submitting a Freedom of Information Act request with the City of Mt. Carroll asking for more information from the Mt. Carroll Police Department.
Click link below to view filing of motion to substitute.
This is a developing story. Updates will be provided separately as they become available.
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