CARROLL COUNTY, Ill. – The Court ruled in favor of prosecutors in the Jackson Kradle homicide case Friday after the defense sought to have two felony charges dropped along with tossing out evidence of the suspect’s alleged intoxication.
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 is also named in a sweeping wrongful death lawsuit filed by Kradle’s family last summer.
On Friday, Herpstreith returned to court for a hearing on his defense team’s requests to outright dismiss two of the felony charges, prohibit prosecutors from introducing evidence of alleged intoxication and an audio recording of a phone call between his passenger Amy Hubble and the county dispatcher Rebecca Frederick.
Felony charges.
On Aug. 7, the defense formally asked the Court to drop the felony charges of Reckless Homicide and Reckless Conduct, claiming the charging documents filed by prosecutors in early 2025, ‘failed to set forth the nature and elements of the offense charged.’
The defense claimed prosecutors failed to provide ‘one action’ of Herpstreith to support the assertions he had been ‘distracted, tired, inattentive and failed to keep a proper lookout.’
On Sep. 2, prosecutors formally responded by reaffirming that the charging documents describe Herpstreith’s acts and conduct, ‘in a manner more than sufficient to enable [Herpstreith] to prepare his defense.‘
Prosecutors cited the 1991 Ill. Supreme Court case People v. Wilson, which held that a charging document making allegations that a defendant operated a motor vehicle in a reckless manner and caused the death of a person named in the document is, ‘sufficient to give the defendant notice of the nature of the charge against him.’
Furthermore, prosecutors say the charging documents contain allegations, ‘in addition to those required by the Illinois Supreme Court in People v. Wilson.‘
On Friday, Judge Peska denied the defense’s motion to outright dismiss charges.
Alleged intoxication.
On Aug. 7, the defense formally asked the Court to bar prosecutors from mentioning, or introducing, any evidence regarding Herpstreith’s consumption of alcohol in the hours leading up to Kradle’s death.
Prosecutors have alleged Herpstreith had been ‘consuming alcoholic beverages since the late afternoon the prior day’ when he struck and killed Kradle with his pickup truck at around 3:30 a.m.
The defense claimed prosecutors offered no evidence that Herpstreith was mentally or physically impaired while driving.
On Sep. 2, prosecutors formally responded by informing the Court that the evidence will show that Herpstreith, ‘consumed multiple alcoholic beverages in at least four taverns and/or private residences over a period in excess of six hours, leading to an inference of intoxication.’
Prosecutors also noted that the 1983 Ill. Supreme Court case People v. Gosse the defense cited in their motion involved the consumption of only one beer.
The defense intends to use Zachary R. Bingen, MSME, PE, as an expert witness in accident reconstruction at trial. Bingen is a licensed engineer and is employed by Skogen Engineering Group, Inc. out of Wisconsin, court documents show.
On Friday, Judge Peska denied the defense’s motion to bar prosecutors from presenting evidence at trial regarding Herpstreith’s alcohol consumption and level of intoxication.
Phone call.
The defense has also formally asked the Court to bar prosecutors from introducing an audio recording of the 11:22 p.m. phone call between on-duty dispatcher Rebecca Frederick and Herpstreith’s passenger Amy Hubble at trial.
Adding, ‘The alcohol consumption of Amy Hubble has no bearing on the alcohol consumption of Herpstreith.’
On Sep. 2, prosecutors formally responded by informing the Court that, during the call, Hubble makes, ‘admissions about her consumption of alcohol and level of intoxication.’
Prosecutors added that Hubble is, ‘a witness to many events leading to and including the death of Jackson Kradle.’
Adding, Hubble’s ability to, ‘perceive, recollect and communicate is relevant and her consumption of alcohol and level of intoxication…should be considered.’
Furthermore, prosecutors claim that evidence of Hubble drinking alcohol near the time of the incident, ‘affects the weight to be given her testimony.’
There is no record of any sobriety tests being performed on Hubble or Herpstreith the morning Kradle died.
The first responding officer out of Mt. Carroll, Scott Marth, wrote in his incident report that Herpstreith and Hubble appeared to be acting ‘normal and professional’ on scene.
When the first county deputy, Josi Anderson, arrived on scene, Herpstreith and Hubble had already been released by Marth, police reports and court documents show.
On Friday, the defense’s motion to bar prosecutors from introducing the audio recording at trial was taken by Judge Peska under advisement. Meaning, a decision was not made immediately. Instead, the final ruling will be given on a later date.
What’s next?
A status hearing is set for Oct. 29 at 2:30 p.m. via Zoom for Ogle County court.
A final pretrial conference is set for Nov. 6 at 2 p.m. Followed by jury selection beginning Nov. 9 in Carroll County court.
A jury trial is currently scheduled to begin Nov. 16 in Carroll County court.
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