CARROLL COUNTY, Ill. – A judge issued two new rulings at a status hearing Thursday for the criminal case against a former deputy charged in the 2024 death of Jackson Kradle as each side gears up for a jury trial set to begin in Carroll County next month.
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.
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Herpstreith is also named in a sweeping wrongful death lawsuit filed by Kradle’s family last summer.
On Thursday, a status hearing was held via Zoom where the Court issued a ruling on prosecutors’ request to grant immunity to Herpstreith’s passenger Amy Hubble to testify against him at trial.
The Court also issued a ruling regarding the defense’s request to bar prosecutors from introducing an audio recording of a phone call between Hubble and then-on duty dispatcher Rebecca Frederick, that occurred about four hours prior to the discovery of Kradle’s body.
Immunity.
In Monday’s motion asking the Court to grant use immunity to Hubble, prosecutors said they intend to call her to the stand to testify under oath against Herpstreith.
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 the scene and calling Frederick to report it via the county’s non-emergency line.
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 said 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 formally asked the Court to grant use testimony to Hubble 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.
As a result, on Thursday, Judge Peska granted use immunity to Hubble.
Special Prosecutor Charles Colburn added that Hubble will be interviewed again by state police before the end of this week.
Use immunity does not provide a total shield from criminal charges for Hubble in this case. Instead, it only prevents prosecutors from using the testimony she gives 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.
Hubble will also be subject to penalties of perjury under Illinois law.
Following Thursday’s ruling, any criminal charges filed against Hubble, in connection to Kradle’s death, must rely entirely on evidence, or other testimony, gathered independently from what is derived in her compelled testimony.
Last summer, 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.
Phone call.
In August, the defense asked the Court to bar prosecutors from introducing an audio recording of the 11:22 p.m. phone call between Hubble and Frederick at trial.
Adding, ‘The alcohol consumption of Amy Hubble has no bearing on the alcohol consumption of Herpstreith.’
Prosecutors responded, saying 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 Oct. 2, 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 would be given on a later date.
On Thursday, Judge Peska denied the defense’s request to prohibit the audio recording, saying, the phone call ‘may become relevant’ at trial.
What’s next?
When asked by Judge Peska if a plea deal is in the works between prosecutors and the defense in this case, Colburn replied that there is still ‘no offer.’
A final pretrial conference is set for Nov. 6 at 2 p.m. via Judge Peska’s Zoom account for Ogle County court.
Jury selection is set to begin Nov. 9 in Carroll County court, followed by a jury trial that is currently set to take place from Nov. 16 to Nov. 20 in Carroll County court.
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