CARROLL COUNTY, Ill. – Jury trial dates have been set in the criminal case for the 2024 death of Jackson Kradle as the defense files a motion to dismiss charges.
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.
Click here to read more about the allegations.
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 defense team filed motions to amend language in the original charging documents, as well as to ask the court to dismiss two of the felony charges.
The motions.
AMENDING LANGUAGE
In March 2025, Illinois State Special Prosecutor Charles Colburn formally filed criminal charges against Herpstreith, including Obstructing Justice.
On the morning of July 28, 2024, shortly after Kradle was found dead in the road near Mt. Carroll, prosecutors say Herpstreith had ‘knowingly furnished false information’ to the Carroll County Sheriff’s Office claiming that he ‘went around’ Kradle.
Furthermore, prosecutors claim the statement Herpstreith provided that morning had ‘materially impeded the administration of justice.’
On Aug. 3, the defense filed a motion to amend language in the original charging document for Obstructing Justice.
On Friday, Judge Peska granted the defense’s request to swap the word impeded with the words ‘interfered with.’
PROHIBITING EVIDENCE
The defense also filed motions to prohibit prosecutors from mentioning, or introducing, any evidence regarding the consumption of alcohol.
Prosecutors say Herpstreith had been ‘consuming alcoholic beverages since the late afternoon the prior day’ when he allegedly struck and killed Kradle with his pickup truck shortly after 3 a.m.
The defense says prosecutors have offered no evidence that Herpstreith was mentally or physically impaired while driving.
“If [prosecutors] had evidence that the level of consumption they allege resulted in the intoxication of [Herpstreith] – it can be reasonably assumed that [prosecutors] would have brought forth additional charges such as Aggravated Driving Under the Influence of Alcohol.”
Furthermore, the defense filed a motion to prohibit prosecutors from mentioning, or introducing, any evidence regarding the 11:22 p.m. phone call between on-duty dispatcher Rebecca Frederick and Herpstreith’s passenger Amy Hubble.
“The alcohol consumption of Amy Hubble has no bearing on the alcohol consumption of Herpstreith.”
No sobriety tests were performed on Herpstreith the morning Kradle died, court documents show.
The first responding officer out of Mt. Carroll, Scott Marth, reported that Herpstreith and Hubble appeared to be acting ‘normal and professional’ on scene, according to police reports.
When the first county deputy, Josi Anderson, arrived on scene, Herpstreith and Hubble had already been released by Marth, court documents show.
MOTION TO DISMISS
The defense is asking the court to outright dismiss the charges of Reckless Homicide and Reckless Conduct, saying the original charging documents filed by prosecutors in March 2025 ‘failed to set forth the nature and elements of the offense charged.’
“Evidence of consumption [of alcohol] does not establish recklessness, and its admission, without additional evidence of intoxication, is prejudicial and so inflammatory as to constitute [reversible] error.”
Furthermore, the defense says prosecutors provide ‘not even one action’ of Herpstreith to support the assertions he had been ‘distracted, tired, inattentive and failed to keep a proper lookout.’
What’s next?
A hearing to discuss all the motions has been set for Oct. 2 at 2 p.m.
Jury pre-trial has been scheduled for Oct. 30 at 3 p.m. and Nov. 6 at 2 p.m.
Jury selection is scheduled to begin Nov. 9 with the trial beginning Nov. 16.
PRIOR COVERAGE:
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