MT. CARROLL, Ill. – A judge found sufficient probable cause to proceed in the case against a former Carroll County deputy charged in the death of Jackson Kradle after the lead investigator was cross-examined by the prosecution and defense during Friday’s preliminary hearing.
Matthew Herpstreith, 44, faces multiple felony charges including Reckless Homicide and Obstructing Justice. He is accused of running over Jackson with his truck, lying to police and attempting to destroy evidence by allegedly washing the bottom of the truck at a car wash shortly after the alleged incident.
The hearing was held to determine if prosecutors have enough evidence to proceed to trial.
Illinois State Police Special Agent Matthew Kipping, who was in charge of the investigation into Jackson’s death, was called to the stand by the State to testify under oath.
Kipping testified that multiple witnesses interviewed by police had seen Herpstreith consuming alcoholic beverages at multiple different locations from around 5 p.m. July 27 through around 3 a.m. July 28 before calling the dispatch center around 3:30 a.m. to report finding Jackson’s body.
Off-duty Carroll Co. dispatcher Amy Hubble, who was also a paramedic, was sitting in the passenger seat of Herpstreith’s truck as they traveled north on Illinois Route 78 around 3:15 a.m. after dropping off-duty Carroll Co. dispatcher Kayla Russell off at her home in Mt. Carroll, according to Kipping’s testimony.
Special Prosecutor Charles Colburn claims Herpstreith and Hubble’s night was ‘not finished’ because they told investigators they were taking the ‘back way home’ to Savanna through Elizabeth, which is about a 40 mile drive, despite the traditional route from Mt. Carroll to Savanna only being about 10 miles.
Kipping testified Jackson was laying face down in the rightside lane of the roadway, parallel to the flow of traffic, when Herpstreith fatally ran Jackson over with his truck. Kipping also said there were no signs of braking and Herpstreith did not swerve around Jackson.
Herpstreith’s attorney Joe Nack said Jackson was a ‘drunken teenager’ laying in the road and not a pedestrian because he was not ‘traveling by foot.’ And that Herpstreith would likely not have noticed him in the road at night. Furthermore, Nack says there is no evidence Herpstreith was inattentive to the road, and although there are witnesses who saw him drinking throughout the evening, it is ‘not a crime’ to consume alcoholic beverages. Nack also claims Jackson may have been laying in the road because he was suicidal.
Jackson’s manner of death was determined to be a homicide after a jury was presented with evidence and witness testimony during a two-day coroner’s inquest in January.
Nack went on to say Herpstreith ‘completely cooperated’ with authorities by calling dispatch to report finding the body, waiting for the first-responding officer to arrive to the scene, and later submitting a written statement to the Carroll County Sheriff’s Office saying he ‘swerved around the body.’
Kipping testified that the first-responding officer, who was Mt. Carroll Police Officer Scott Marth, did not have a body or dashboard camera running at the time of his interaction with Herpstreith and Hubble.
Kipping also said the incident occurred outside of Marth’s jurisdiction.
According to police reports and the timeline presented by Carroll Co. Coroner Matthew Jones, Marth arrived to the scene around 3:36 a.m. But when Carroll Co. Deputy Josi Anderson, who had jurisdiction over the crash site, arrived around 3:46 a.m., both Herpstreith and Hubble were already gone.
Nack argued Herpstreith may have actually swerved around the body and the biological material found on his truck may have already been on the road. Nack goes on to claim the evidence presented by the State did not meet the threshold for probable cause for the charge of Reckless Homicide, and that holding Herpstreith on these charges would be an ‘injustice.’
Colburn argued Herpstreith was reckless for driving late into the night after drinking alcohol for ten hours when he ran over Jackson without braking. Colburn claims Herpstreith going straight to car wash after being released from scene, and giving false information about striking body, showed a ‘consciousness of guilt.’
Judge Peska quickly came to the conclusion the State provided enough evidence to show a felony offense was committed and move forward with the case. A status hearing is set for Aug. 8 at 3 p.m.
Meanwhile, questions remain unanswered as to why Hubble did not perform lifesaving measures on Jackson before leaving the scene without transferring care over to another medical professional.
According to police reports, Hubble and Marth declared Jackson dead at the scene despite not having any medical equipment. An ambulance was never dispatched, and another medical professional did not arrive to the scene of the body until more than two hours later, when the coroner arrived.
When Nack asked Kipping if the reason Hubble did not perform lifesaving measures was because she knew he was dead, Kipping replied, “I don’t know why she chose not to perform lifesaving measures.”
Last month, I submitted a records request with the City of Savanna and the Savanna Ambulance Association asking for copies of the Association’s policies and standard operating procedures, as well as any reports generated by Hubble for assessing a patient on July 28. I also asked for Hubble’s dates of employment to determine if she is still working as a paramedic in Carroll County.
Both the Association and City of Savanna denied my requests citing the fact the Association is a private nonprofit organization and is not subject to records requests from the public.
My appeal to the Illinois Attorney General’s Office was successful, and the Public Access Counselor is currently reviewing the case to determine if their denials were unlawful, as nonprofit organizations contracted with a public body to perform a public duty are an exception under state law.
I have successfully obtained copies of administrative policies and standard operating procedures from the Carroll County Sheriff’s Office and Mt. Carroll Police Department. I will review the documents to determine if there were any protocol violations in the response to Jackson’s death.
As of Saturday, there are three individuals who are no longer employed with the Carroll Co. Sheriff’s Office because of their actions the night Jackson was killed: Herpstreith, Hubble and the on-duty dispatcher Rebecca Frederick.
It remains unclear if Hubble is still employed as a paramedic with the Savanna Ambulance Association, as the organization refuses to answer any questions.
This is a developing story. Updates will be provided separately as they become available.
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