A former Oklahoma judge is facing shocking criminal charges after allegedly firing a gun toward families trick-or-treating on Halloween night before pointing the weapon at a police officer who responded to the terrifying scene.
Jerry Herberger, 73, a former Stephens County judge, was arrested Saturday, October 31, after gunfire sent frightened parents and children scrambling for safety along a residential street in Duncan, Oklahoma.
The alarming incident unfolded around 8 p.m. on Linwood Lane, where families had gathered to celebrate Halloween when shots suddenly rang out.
According to the Duncan Police Department, officers received a report at approximately 8:02 p.m. that someone had discharged a firearm in the direction of trick-or-treaters.
Witnesses quickly directed responding officers to a nearby residence, where the situation allegedly took another dangerous turn.
As officers prepared to approach the home, Herberger reportedly pointed a gun directly at one of them, prompting a tense confrontation.
Fortunately, the former judge eventually followed police commands, exited the residence and was taken into custody without further incident.
Miraculously, no children, parents or responding officers were injured.
But witnesses described a frightening scene that could have ended much differently.
Carrie Smith, a Duncan mother who was trick-or-treating with her two children, told local television station KSWO that her family had arrived on Linwood Lane shortly before 8 p.m.
What should have been a fun evening collecting candy quickly turned into a frightening encounter when gunfire erupted nearby.
Another witness, Sanders, described seeing the suspected gunman handling a firearm before a shot was fired toward the gathering.
“He was drunk, so when he aimed it, you know, and went to go shoot it, his hand went kind of willy-nilly,” Sanders told local reporters, suggesting the shooter’s unsteady aim may have prevented anyone from being struck.
Authorities have not independently established the suspect’s precise intent or released a complete account of how many shots were fired.
For the families present, however, the experience was deeply unsettling.
Sanders said the incident had changed how the family planned to celebrate Halloween in the future, explaining that staying home and handing out candy now seemed safer than taking children door to door.
Following his arrest, Herberger was transported to the Stephens County Jail, where records listed allegations of attempted murder, assault and battery with a deadly weapon, and possession of a firearm while intoxicated.
The arrest has attracted particular attention because Herberger once served as a judge in Stephens County, the same county where he was taken into custody.
His former position on the bench has added an unusual twist to a case involving allegations of gunfire directed toward children and a threatening confrontation with law enforcement.
The Duncan Police Department has not publicly disclosed what allegedly prompted Herberger to fire the weapon or whether he knew any of the families who were trick-or-treating nearby.
Investigators also have not established whether the reported gunfire was intended to frighten the children, target particular individuals or resulted from some other circumstances.
Police said they were grateful that everyone escaped the encounter without injury and credited witnesses for quickly helping officers identify the residence involved.
Authorities are continuing to investigate the shooting and have asked anyone who witnessed the incident or has additional information to contact the Duncan Police Department at 580-255-2112.
Jail records indicate that Herberger was subsequently released on bond. It was not immediately clear whether he had entered a plea or retained an attorney.
For parents who were simply trying to enjoy Halloween with their children, the incident has left a disturbing memory of what should have been a night filled with costumes, candy and neighborhood fun.
And for investigators, the focus now turns to determining exactly what led to the gunfire and the confrontation that resulted in the former judge’s arrest.
Herberger has not been convicted of the alleged offenses, and the criminal proceedings remain ongoing.
