CARROLL COUNTY, Ill. – The legal team representing a now-former Carroll County Sheriff’s deputy, charged in the 2024 death of Jackson Kradle, has formally handed over a report produced by hired experts to recreate the fatal collision.
Matthew Herpstreith, 45, of Savanna, is facing several charges including Reckless Homicide, a Class 3 Felony, as well as Reckless Conduct, and Obstruction of Justice, both Class 4 Felonies.
Herpstreith has also been named in a sweeping wrongful death lawsuit filed by Kradle’s family last summer.
On Friday, Herpstreith returned to court after the case was delayed in February to allow extra time for the defense’s medical and accident reconstruction experts to complete their report.
Meanwhile, the defense believes they are entitled to more information from prosecutors regarding the extent of evidence they intend to use at trial, as well as who they intend to call to testify.
A hearing to discuss a Motion for Bill of Particulars, filed by the defense in February, has been set for July 10 at 3 p.m.
Bill of particulars.
On Feb. 9, the defense filed a Motion for Bill of Particulars requesting specific details about the investigation as well as which documents, evidence or witnesses prosecutors will rely on at trial.
On Feb. 20, prosecutors filed their Response to the defense’s requests.
Also, the defense asked the Court to unseal recently filed search warrant documents. In response, Special Prosecutor Colburn told the Court the warrants were associated with obtaining cell phone records.
In June, Colburn revealed investigators had obtained cell phone records of Herpstreith, and his passenger Amy Hubble, of which showed Hubble had deleted a text message she sent to Herpstreith shortly after the alleged incident.
Despite the delays, Colburn said in February the case is still moving at a normal pace for this type of case.
Allegations.
Herpstreith is accused of being intoxicated when he ran into and over Kradle with his truck on Illinois Route 78 near Mt. Carroll at around 3:30 a.m. July 28, 2024
Furthermore, prosecutors say Herpstreith is the man seen on video at a Savanna car wash spraying the bottom of his truck to destroy evidence just 30 minutes after reporting finding Kradle’s body.
According to inquest testimony, and audio of his interviews with state police, Herpstreith initially told investigators he swerved around the body and claimed to be a passerby reporting it to authorities.
When questioned about the allegations under oath at a coroner’s inquest, held in January 2025, Herpreith invoked his Fifth Amendment right to remain silent.
No person, ‘shall be compelled in any criminal case to be a witness against himself’ under the Fifth Amendment in the U.S. Constitution.
According to an autopsy report, Kradle died after being fatally struck by a single vehicle moving at a high speed.
Case timeline.
JANUARY 16, 2025
A coroner’s jury ruled Kradle’s death was a homicide, finding the driver, identified as Herpstreith, was negligent when he ran into and over Kradle with his truck.
Evidence, testimony and verdicts presented in coroner’s inquests are not admitted in criminal proceedings, regardless of possible relevance.
MARCH 24, 2025
Special Prosecutor Charles Colburn formally charges Herpstreith, who was served with a Notice to Appear.
APRIL 23, 2025
Herpstreith pleaded Not Guilty and was subsequently booked and released at the Carroll County Jail.
JUNE 13, 2025
Judge finds sufficient probable cause to move forward with the case but granted pretrial release.
JULY 24, 2025
Herpstreith is one of many named in a wrongful death lawsuit filed in federal court by Kradle’s family.
AUGUST 8, 2025
Discovery is completed. A judge grants the defense’s request for a continuation to review discovery with acquired medical and accident reconstruction experts.
NOVEMBER 21, 2025
A judge grants another continuation for the defense to continue reviewing discovery.
FEBRUARY 20, 2026
A judge grants another continuation to allow time for the defense’s experts to complete their report, and share it with prosecutors.
MAY 15, 2026
The defense hands over copy of expert report to prosecutors. A motion hearing is set for July 10 at 3 p.m.
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