Witnesses described children running from a Duncan street before police arrested former Stephens County Judge Jerry Herberger.
DUNCAN, Okla. — Families who were trick-or-treating on a Duncan residential street have described scrambling to safety after a gun was fired in their direction on Halloween night, an incident that ended with the arrest of a former Stephens County judge.
Police identified the arrested man as Jerry Herberger, 73, of Duncan. Officers said they responded to Linwood Lane at about 8:02 p.m. Oct. 31 after receiving a report that a firearm had been discharged toward trick-or-treaters. No injuries were reported, but witness accounts described frightened families leaving the area as the routine Halloween evening abruptly turned into a police investigation.
Carrie Smith, a Duncan resident, told KSWO that she arrived on the block shortly before 8 p.m. with her two children. She described a normal Halloween scene, with children walking along the street, traffic moving through the neighborhood and porch lights indicating homes where families expected to collect candy.
Smith said the situation changed when she heard someone warn people not to come closer and say he had a gun. She told the station that she then saw the firearm raised and a shot fired in the group’s direction. Smith said her focus immediately turned to getting her children away from the area.
Hannah Coker, another witness, said her family was driving around the cul-de-sac and had stopped nearby when they saw a man raise a gun and fire. Coker said her family quickly moved away rather than remain in the area to see whether more shots would follow.
The witness accounts provided additional detail about an episode that police initially described in a brief statement. The Duncan Police Department said witnesses directed arriving officers to the residence where the gunfire was reported. As officers prepared to make contact, Herberger reportedly pointed a firearm at one of the responding officers.
Police said Herberger eventually complied with commands, exited the residence and was arrested without further incident. He was transported to the Stephens County Jail. Local reports citing jail records listed allegations of attempted murder, assault and battery with a deadly weapon and possession of a firearm while intoxicated.
The allegations have not been adjudicated. Police have not released a motive or said what may have led to the reported gunfire. Authorities also have not publicly said how many shots were discharged or precisely how many families were in the immediate area when the incident occurred.
The accounts also prompted questions from witnesses about police visibility during Halloween activities. Smith and Coker told KSWO they had not noticed officers in the neighborhood before the gunfire. The city responded that Duncan police had officers patrolling throughout the city during Halloween and sought to maintain a visible presence in areas expected to draw larger numbers of trick-or-treaters.
Police said no injuries were reported among residents, children or responding officers. The department thanked witnesses for assisting the investigation and said investigators were continuing to seek information from anyone else who saw what occurred on Linwood Lane.
The episode has remained under investigation as authorities work to establish the full sequence of events. Herberger’s prior service as a Stephens County judge has brought wider attention to the arrest, but investigators have released few additional details beyond the reported gunfire, the confrontation with an officer and the subsequent arrest.
For the families who were present, the immediate consequence was a Halloween night interrupted by fear and a rush to leave the street. For investigators, unresolved questions include what led to the gunfire and the circumstances surrounding each allegation now associated with Herberger’s arrest.
Author note: Last updated Nov. 5, 2026.