Police say Jerry Herberger later pointed a firearm at a responding officer before surrendering without further incident.
DUNCAN, Okla. — A former Stephens County judge was arrested after police said a firearm was discharged in the direction of trick-or-treaters on Halloween night and the man later pointed a gun at an officer responding to the residential neighborhood.
Jerry Herberger, 73, of Duncan was taken to the Stephens County Jail after the Oct. 31 incident on Linwood Lane, according to police and local reports citing jail records. Those records listed allegations including attempted murder, assault and battery with a deadly weapon and possession of a firearm while intoxicated. No injuries were reported.
Duncan police said officers were sent to Linwood Lane at about 8:02 p.m. after receiving a report that someone had discharged a firearm in the direction of people who were trick-or-treating. Witnesses directed responding officers to the residence where the gunfire was reported.
As officers prepared to make contact at the home, Herberger reportedly pointed a firearm at one of them, police said. Authorities said Herberger later followed officers’ commands, came out of the residence and was taken into custody without further incident.
The encounter brought an unusual turn for Herberger, who previously served as a judge in Stephens County, where he was taken to jail after his arrest. His former position has drawn additional attention to a case that police say began during a busy Halloween evening in a neighborhood filled with families and children.
Police have not publicly released a motive for the reported gunfire. Authorities also have not detailed how many shots were fired, how many trick-or-treaters were nearby or how close anyone was to the path of the gunfire. Investigators have said the case remains active.
Local witnesses later described a sudden shift from a routine night of trick-or-treating to people trying to get away from the area. Duncan resident Carrie Smith told KSWO that she had been walking on Linwood Lane with her children when she heard a warning about a gun and then saw a firearm raised and discharged in their direction.
Another witness, Hannah Coker, told the station her family was driving through the area when they saw the incident unfold from nearby. She said her family quickly left the area after the shot was fired. Those witness accounts were consistent with the central allegation released by police that a firearm had been discharged in the direction of trick-or-treaters.
The Duncan Police Department said no one was reported hurt and expressed relief that those involved were safe. The department also thanked witnesses who assisted officers. Police have asked anyone who saw the incident to provide information as investigators continue reviewing what happened.
Reports based on Stephens County jail information listed three allegations against Herberger: attempted murder, assault and battery with a deadly weapon and possession of a firearm while intoxicated. An arrest and jail booking do not establish guilt, and publicly available reporting reviewed Thursday did not establish the final disposition of those allegations.
Police initially released a different response time for the incident, but the department later corrected its account to say officers responded at approximately 8:02 p.m. The investigation remains ongoing, and authorities have not announced what prompted the alleged confrontation or released additional findings about the gunfire.
Author note: Last updated Nov. 5, 2026.