Judge grants immunity to former dispatcher in Herpstreith trial

Ogle County Associate Judge Anthony Peska granted former Carroll County dispatcher Amy Hubble immunity on Thursday. The ruling allows Hubble to testify against Matthew Herpstreith, a former Carroll County sheriff's deputy accused of reckless homicide. Peska denied a defense motion that sought to limit Hubble's testimony at the upcoming trial.

Herpstreith, 46, of Savanna, faces five charges related to the 2024 death of Jackson Kradle, an 18-year-old Mount Carroll resident. The body was found on state Route 78 less than a mile north of Mount Carroll city limits at 3:30 a.m. on July 28, 2024. A forensic pathologist determined that blunt force trauma from a vehicle-pedestrian crash caused the death. Herpstreith pleaded not guilty to the charges at his arraignment in April 2025.

The indictment was filed on March 24, 2025. Herpstreith is charged with reckless homicide, a Class 3 felony. He also faces reckless conduct and obstructing justice, both Class 4 felonies. Additional charges include attempting to obstruct justice by destroying evidence, a Class A misdemeanor, and failure to reduce speed to avoid an accident, a petty offense. Hubble and Herpstreith were off duty when they called the Carroll County dispatch center via its nonemergency line to report the body. No charges have been filed against Hubble.

Under the court order, Hubble is protected from criminal prosecution based on her testimony. However, she remains subject to perjury penalties if she lies under oath. Her testimony and pretrial interviews with prosecutors or law enforcement are subject to statutory use immunity. Hubble previously invoked her Fifth Amendment right to remain silent during a coroner's inquiry in January 2025. Prosecutors argued in their October 26 motion that she would likely exercise that right again without immunity.

Peska also denied a defense motion filed on August 7. The defense asked the court to prohibit prosecutors from introducing evidence about a phone call Hubble made to dispatch approximately four hours before the body was found. In that call, Hubble told on-duty dispatchers she had been drinking and asked about police locations to avoid them. Peska heard arguments on the motion during an October 2 hearing and placed it under advisement before making the ruling.

Herpstreith and his attorneys, Joseph E. Nack and Hailey C. Wills, appeared via Zoom on Thursday. Special prosecutors Charles Colburn and Derek Dion with the Illinois Appellate Prosecutor's Office were also present online. Peska was appointed to the case in May 2025.

Herpstreith is scheduled for another pretrial hearing at 2 p.m. on Friday. Jury selection is set to begin on November 9, with the trial expected to start on November 16.