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Intoxicated former judge unloads gun at trick-or-treaters, points piece at cop: police

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Last updated: November 5, 2026 12:45 pm
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Published: November 5, 2026
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A drunk former Oklahoma judge allegedly shot at a group of trick-or-treaters on Halloween and then pointed his gun at a responding cop – before he was taken to the jail in his former district.

Former judge Jerry Herberger, 73, fired toward the candy seekers outside his home in Duncan around 8 p.m. Saturday, police told KSWO, without revealing what set him off.

Thankfully, no one was hit, but when officers arrived, the retired jurist pointed his piece at one of them, according to the department. 


Police booking photo of former judge.
Former judge Jerry Herberger, 73, fired in the direction of the candy seekers outside a Linwood Lane residency around 8 p.m. on Saturday, the Duncan Police Department told KSWO.  Stephens County Sheriff’s Office

Herberger eventually complied with their commands, and he was taken into custody without incident — then taken to jail in Stephens County, the same county he used to serve, according to the Stephens County Sheriff’s Office. 

Herberger was charged with possession of a firearm while intoxicated, as well as assault and battery with a deadly weapon, authorities said. 

Miraculously, no one was injured in the incident, and an investigation is ongoing, according to authorities. 

Attorney information for Herberger was not available, and he could not be reached for comment.

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