CARROLL COUNTY, Ill. – The now-former Carroll County Sheriff’s deputy, charged in the 2024 death of Jackson Kradle, returned to court Friday as we approach the two-year mark since the fatal crash.
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 his legal team formally submitted their reports in discovery back in May.
The reports were produced by medical and accident reconstruction experts hired by the defense earlier this year.
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.
The defense is asking for the state to share more evidence showing how prosecutors intend to prove Herpstreith acted recklessly when he allegedly ran into and over Kradle with his truck in the early morning hours of July 28, 2024.
On Friday, Special Prosecutor Charles Colburn argued the state has already provided sufficient information to support the criminal charge of Reckless Homicide.
Judge Peska denied the defense’s request for more information from prosecutors, of which they claim is needed to fairly build a defense for Herpstreith at trial.
The defense informed the court they intend to file additional motions in the coming weeks, while Judge Peska expressed the need for proceedings to advance more expeditiously moving forward.
Therefore, a *status hearing was scheduled for a date within a shorter, 30-day, timeframe, on Aug. 7 at 3 p.m.
The defense, prosecutors and judge have tentatively agreed Nov. 10 is the target date to begin the jury trial against Herpstreith, according to court documents related to the wrongful death lawsuit in federal court.
No official dates have been set for a trial.
*Correction made from previous version stating a ‘motion’ hearing was scheduled.
The civil case.
MATTHEW HERPSTREITH
Last month, Judge Pallmeyer, who is presiding over the civil case, granted Herpstreith another Stay on any evidence being used against him until the conclusion of criminal proceedings in Carroll County, court documents show.
AMY HUBBLE
Now-former Carroll County dispatcher, and paramedic, Amy Hubble, who is named in the wrongful death lawsuit, and who authorities say was the passenger in Herpstreith’s truck the night Kradle died, had also asked the court to grant another Stay on any evidence being used against her until the conclusion of Herpstreith’s criminal trial, court documents show.
However, Judge Pallmeyer partially denied Hubble’s most recent request for a Stay, directing her to provide the phone number and carrier information of any cellular devices she used the morning Kradle died, court documents show.
SAVANNA AMBULANCE (SCAA)
Meanwhile, the Savanna Community Ambulance Association, of which employed Hubble as a paramedic, had requested to be outright dismissed from the lawsuit, arguing that the organization is not liable for Hubble’s conduct the morning Kradle died, citing the fact she was off-duty at the time of the incident, court documents show.
“The court concludes that the complaint does not contain sufficient factual material to support a plausible inference that SCAA is vicariously liable for Hubble’s actions.”
Savanna Ambulance was dismissed from the lawsuit without prejudice.
REBECCA FREDERICK
Now-former Carroll County dispatcher Rebecca Frederick, who was on-duty at the time of the incident, and is also named in the wrongful death lawsuit, had requested to be dismissed from the case.
Frederick is heard on a recorded phone call, via the non-emergency line, giving Hubble the location of cops to help her avoid being caught driving while intoxicated, about four hours prior to the collision that killed Kradle.
The defense for Frederick argued a phone call made hours prior to the incident is insufficient to consider her liable for the death of Kradle. However, the judge disagreed and denied Frederick’s request to be dismissed.
“The allegation that Frederick provided information about the whereabouts of police to Hubble, a passenger in Herpstreith’s car, plausibly supports a claim that Frederick’s communications enabled Herpstreith to continue to drive while impaired.”
The criminal case.
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.
JULY 10, 2026
A judge denies the defense’s claim prosecutors haven’t shared enough information to support charges. A status hearing is set for Aug. 7 at 3 p.m.
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