CARROLL COUNTY, Ill. – Prosecutors are asking the Court to grant immunity for a key witness to testify against a former deputy charged in the 2024 death of Jackson Kradle in Carroll County, Illinois.
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 Monday, prosecutors filed a Motion for Use Immunity, requesting that a witness be granted immunity from prosecution in the case regarding, any information directly or indirectly derived from the production of evidence from the witness if the witness has refused or is likely to refuse to produce the evidence on the basis of his or her privilege against self-incrimination.*
*Illinois Code of Criminal Procedure
The facts.
On July 28, 2024, at around 3:31 a.m., the Carroll County Sheriff’s Office received a call from an off-duty deputy reporting he, and an off-duty dispatcher, who is also a paramedic, had found a body, later identified as Kradle, in the roadway on Illinois Route 78, just north of Mount Carroll.
The driver was identified as now-former Carroll County Sheriff’s deputy Matthew Herpstreith of Savanna. His passenger was identified as now-former dispatcher, and paramedic, Amy Hubble of Savanna.
Both Herpstreith and Hubble resigned from their respective positions at the Sheriff’s Office three days after the incident.
Internal documents from the Sheriff’s Office had revealed both Herpstreith and Hubble were subjects of an ongoing Illinois State Police investigation into the death of Kradle.
An autopsy report revealed Kradle had been fatally struck by a single vehicle, moving at a high speed, shortly before the two off-duty employees reported finding his body.
In Jan. 2025, a Coroner’s jury in Carroll County court ruled Kradle’s death a homicide after they were presented with bombshell evidence and witness testimony identifying Herpstreith as the driver of the truck that struck and killed Kradle.
In March 2025, Illinois State Special Prosecutor Charles Colburn formally charged Herpstreith with multiple felonies, including Reckless Homicide and Obstruction of Justice.
Neither Hubble nor Frederick have been criminally charged in the death of Kradle, but they remain named as defendants in the wrongful death lawsuit.
The witness.
In Monday’s motion, prosecutors say the evidence at trial will show Hubble was a passenger in Herpstreith’s truck at the time Kradle was struck and killed.
Furthermore, prosecutors say they intend to call Hubble to the stand to testify under oath against Herpstreith in his criminal trial that is set to begin next month.
Hubble and Herpstreith were interviewed by state police twice within 36 hours of the incident, where they told investigators they drove around the body before returning to scene and reporting it to the on-duty dispatcher Frederick.
Both Hubble and Herpstreith have since invoked their right to remain silent under the Fifth Amendment of the U.S. Constitution regarding any details about their actions the day Kradle was found dead.
Prosecutors say Hubble, ‘will likely again exercise her Fifth Amendment right against self-incrimination,’ if she is called to the stand to testify at trial.
Therefore, prosecutors are asking the Court to grant Hubble immunity for testimony she gives as a witness against Herpstreith, including any meetings with prosecutors while preparing for trial.
According to Illinois law, the Court shall order that Hubble be granted with use immunity, meaning, the Court must follow the prosecutors’ command.
Use immunity would not provide a total shield from future criminal charges for Hubble in this case. Instead, it only prevents prosecutors from using her testimony given as a witness against Herpstreith.
Furthermore, refusal to testify, after being granted use immunity, could lead to Hubble being held in contempt of the court.
Any future criminal charges filed against Hubble, in connection to Kradle’s death, must rely on separate evidence or testimony, independent from what is derived from her compelled testimony.
Last summer, Special Prosecutor Charles Colburn said his office had no plans to file additional charges in the death of Kradle, and that any future charges would come from local authorities.
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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