Joseph Hoek pleads not guilty to murder for death of Moody County chief deputy

Joseph Gene Hoek has pleaded not guilty during his first court appearance for his role in the death of Moody County Chief Deputy Kenneth Prorok.

The hearing happened 11 a.m. Friday at the Moody County Courthouse in Flandreau, South Dakota.

The Sioux Falls man, represented by Defense Attorney Manuel De Castro in the case, has been charged with first degree murder and aggravated eluding for his involvement in a police chase Feb. 2, which ended Prorok’s life after Hoek allegedly struck him with a vehicle.

South Dakota Attorney General Marty Jackley, who is representing the state’s side in the case along with Attorney Brent Kempema, requested for the arraignment hearing to be postponed until 11 a.m. March 13 in Brookings County to fit the judge’s and attorneys’ schedules. The defendant will have the opportunity to formally enter the not guilty plea once again at the formal arraignment hearing next month.

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“This morning, a grand jury in Moody County has issued an indictment charging Joseph Hoek with first degree premeditated murder, which carries a sentence of either capital punishment for life as well as aggravated felony eluding,” Jackley said while addressing the media with Moody County Sheriff Troy Wellman after the hearing. “The indictment lists (that) two witnesses have testified a grand jury of one law enforcement officer and one good Samaritan witness at the request of the state.”

The first degree murder charge is a Class A felony, which has “a maximum penalty of life imprisonment or death and a fine of $50,000,” which may be imposed, said Judge Dawn Elshere. If the defendant is convicted of this felony, he will have the right to have a jury decide whether to impose the death penalty, and a unanimous jury would be needed for the death sentence, she said.

The aggravated eluding charge is a Class 6 felony which has a maximum of two years at the state penitentiary or a $4,000 fine or both, the judge said. Aside from the two felonies, Hoek has been convicted of eight more aggravating factors in total, out of which involvement of a law officer and avoiding arrest are two of them, Jackley said.

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“Part of my responsibility in determining whether or not the intent is appropriate to complete an investigation on mitigation and aggravating circumstances that is occurring right now, to talk to Sheriff Wellman and his department and to talk to the victims’ family,” said Jackley.

Jackley said as Attorney General, the speedy trial act for this case is 180 days, and due to this, he asked court during the hearing Friday that the jury trial date be set at the next hearing. The effort is to be mindful and not rush the case when someone’s incarcerated and make the best-informed decision after reviewing all the facts on mitigating and aggravating circumstances.

The defendant’s mental health and its role in case investigations was not spoken about by Jackley while he addressed the media, since he said the “grand jury is a secretive process” and he can only speak to what is on public record right now.

“This last week has sucked. It has been the longest six-month week that I’ve ever lived through, and I don’t want to live through any more,” said Wellman. “When the crap gets (real), we all step in and start helping pitch it up so that we can move forward. And that’s what we’re doing, trying to take one day, one second, one minute at a time.”

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Jackley said it was impactful to witness the outpouring of support at Chief Deputy Prorok’s funeral Thursday afternoon in Madison, where he saw young children and elderly residents in the cold with their hands over their hearts in a show of support for the family and sheriff’s department.

This article originally appeared on Sioux Falls Argus Leader: What's next for the man accused of killing a Moody County chief deputy?