SHELLEY Authorities say a guy from California positioned himself to ambush officers with a pistol, leading to new accusations against him.
The charges against 27-year-old Luke Thomas Herzberger were changed in May from two counts of felony aggravated assault and a dangerous weapon enhancement.
The two aggravated assault counts, felony concealed carrying while intoxicated, and felony attempted assault with intent to commit murder are among the new charges.
In addition to the dangerous weapon enhancement, he faces a misdemeanor charge of resisting arrest.
RELATED | A man from California was taken into custody following an early-morning manhunt in Shelley
The initial report was of a potential burglary call around 1300 North, according to recent court filings. When the deputy heard gunfire close, he started talking to a homeowner. Since it was unknown where the rounds were fired, the deputy sheltered behind his police car.
When more deputies arrived, a thermal drone was deployed. Although the drone was unable to locate the gunman, a deputy was able to contact Herzberger.
The deputy was notified by the home’s owners that nobody should be present at the house. Guns and ammunition casings were discovered during a search of the house, but no additional people were present.
According to the affidavit, Hezberger admitted to deputies that he had been drinking when he made the decision to go shooting.
The man claimed to have been firing at a tree stump in the house’s backyard, but he couldn’t recall anything else but wandering and shooting.
According to the records, Luke claimed he had no idea why he was shooting at cars and was unaware that he was shooting at police cars.
When Herzberger was arrested, a pistol and a tan AR-style rifle were discovered. The individual possessed an empty handgun magazine and two rifle magazines that were only partially full.
When a detective looked over the patrol cars’ video, he saw Herzberger shooting at one of the patrol cars while he was on the side of the road on 1300 North.
At the scene when Herzbeger was captured on camera, a.556 caliber casing was discovered.
According to the statement, a deputy was shown a video showing Herzberger lying on the ground close to a green trash can before shooting at and hitting the patrol car.
following the viewing of in-car video footage. According to the document, Luke positioned himself to ambush and then fired at the windshield area of (a) marked patrol vehicle after waiting for the first marked patrol vehicle to pass.
The automobiles that Herzberger impacted during the event were investigated. The first vehicle was hit close to the roof on the front passenger side.
A third patrol vehicle was also struck, and another deputy thought theirs had been shot.
A deputy found bullet holes on the east side of the house during a search outside the one from which Herzberger originated.
Writings written to Herzberger were discovered inside the residence after a search warrant was issued for it, proving that the man was residing there while housesitting.
There were multiple rounds of.22 caliber ammunition near a.22 caliber rifle that was discovered close to the rear porch. But a round was pushed backward into the gun. According to the document, Herzberger was probably filming it before to the jam.
According to the deputy, the interior of the house was destroyed, and the floor west of the house had been harmed by gunshot holes.
Deputies discovered a 9mm shell casing in the master bedroom closet after following the gunshot hole on the other side.
According to the affidavit, there were a variety of weaponry and ammo types strewn across the master bedroom. There were two empty.556 ammo boxes.
A shotgun and a lot of ammunition were also discovered in the house’s garage. According to the deputy, a paper target with a gunshot hole that penetrated the garage wall was positioned on the wall.
According to the paper, the gunshot that was fired from the house where Herzberger was staying hit a neighbor’s house.
As he admitted to deputies that he had drunk alcohol prior to the shooting, the record states that he was requested to perform a breathalyzer test. Herzberger asked for a lawyer and rejected the test.
At 8:30 a.m. on June 26, Herzberger is expected to appear before Magistrate Judge James Howard Barrett Jr. for a preliminary hearing.
He could spend up to 25 years behind bars if found guilty.
Herzberger may not have committed these offenses, even if he has been charged with them. Until someone is proven guilty, they are all presumed innocent.
