Man who shot at deputies receives new charges, including assault with intent to murder

SHELLEY — New charges were filed against a California man, as authorities say he positioned himself to ambush police with a firearm.

Luke Thomas Herzberger, 27, was originally charged with two counts of felony aggravated assault and a deadly weapon enhancement, but his charges were amended in May.

The new charges include the two aggravated assault charges, felony concealed carrying while under the influence, and felony attempted assault with the intent to commit murder.

He is also charged with misdemeanor resisting arrest, and the deadly weapon enhancement was also included.

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According to new court documents, the initial report was of a possible burglary call near 1300 North. A deputy was nearby and began to speak with a homeowner when he heard shots in the area. The deputy hid behind his patrol vehicle because the location of the shots was not known.

A thermal drone was used when additional deputied arrived. While the drone didn’t find the location of the shooter, a deputy did get in contact with Herzberger.

The owners of the residence were contacted and informed the deputy that no one should be at the home. A search of the home resulted in no other person being there, but shell casings and firearms were found.

The document states that Hezberger told deputies that he had been drinking alcohol and decided to go shooting.

The man said he was shooting at a tree stump in the backyard of the home but didn’t remember what he did after that, except that he was wandering and shooting.

“Luke stated he did not know why he was shooting at vehicles and did not know he was shooting at police vehicles,” the documents state.

A tan-colored AR-style rifle was found along with a pistol when Herzberger was taken into custody. The man had two partially filled magazines for the rifle and an empty pistol magazine.

A detective reviewed the footage from the patrol vehicles, which showed Herzberger on the side of the road on 1300 North, shooting at one of the patrol vehicles.

A .556 caliber casing was found at the location in which Herzbeger was seen in the video.

The document states a deputy was shown a video in which Herzberger was seen on the ground near a green garbage can and later shooting at the patrol vehicle, striking it.

“After observing in-car video recordings. Luke established himself in a position to ambush… Luke waited for the first marked patrol vehicle to pass before opening fire at the windshield area of (a) marked patrol vehicle,” the document states.

An investigation was conducted into the vehicles struck by Herzberger during the incident. The first vehicle was struck on its front passenger side near the roof of the vehicle.

Another deputy believed their patrol vehicle was shot, and a third patrol vehicle was also hit.

In a search outside of the residence where Herzberger came from, a deputy noticed bullet holes on the east side of the home.

A search warrant was obtained for the home, and inside, the document states that writings addressed to Herzberger were found, confirming that the man was staying there while housesitting.

A .22 caliber rifle was found near the back porch with numerous rounds of .22 caliber rounds near it. However, a round was jammed into the rifle backward. The document states Herzberger was likely shooting it before the jam.

The deputy reported there was damage to the inside of the home, and to the west of the home, there were bullet holes that also damaged the floor.

When deputies followed the bullet hole on the opposite side, it led to the closet of the master bedroom, where a 9mm shell casing was found.

Inside the master bedroom, the document states numerous firearms were scattered, along with different types of ammunition. Two boxes of .556 ammunition were empty.

In the garage of the home, a shotgun was found with a large amount of ammunition as well. The deputy reported there was a paper target set up on the wall, which had a bullet hole that went through the wall of the garage.

The document states a neighbor’s home was struck by the bullet that was fired from the home where Herzberger was staying.

According to the document, he was asked to take a breath test as he told deputies he had consumed alcohol before the shooting. Herzberger denied the test and requested an attorney.

Herzberger is scheduled to appear before Magistrate Judge James Howard Barrett Jr. for a preliminary hearing at 8:30 a.m. on June 26.

If convicted, he faces up to 25 years in prison.

Though Herzberger has been charged with these crimes, it does not necessarily mean he committed them. Everyone is presumed innocent until they are proven guilty.