Joseph Hoek found fit for homicide trial; defense motions for mental illness evaluation
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The legal arguments in the case of Joseph Hoek, a Sioux Falls man who is charged with killing a chief deputy in February, may change following a motion for a mental illness evaluation.
Third Judicial Circuit Presiding Judge Gregory Stoltenburg acknowledged the motion made by Hoek's lawyers during a Thursday status hearing at the Moody County Courthouse.
The court granted the motion, which could aid Hoek's legal counsel in shaping an insanity defense.
During the status hearing, Stoltenburg disclosed a competency evaluation found Hoek currently fit for trial, though the details of the record are under seal.
More: South Dakota has lost 58 officers since 1884, including Moody County Chief Deputy Ken Prorok
Hoek, 40, was charged with first degree premeditated murder after he allegedly struck Moody County Sheriff Chief Deputy Kenneth Prorok with his vehicle Feb. 2, during a police chase. He was also charged with aggravated eluding.
Hoek's lawyers have maintained their client faces serious mental health struggles, which caused him to not be fully in control of his actions or even remember them.
The state has since opted to pursue the death penalty against Hoek.
More: South Dakota seeks death penalty in Joseph Hoek murder case
Attorney General Marty Jackley, who is representing the state, told reporters after the Thursday hearing the state will continue to seek capital punishment for Hoek's actions.
Jackley did not object to the defense's motion.
Asked by the Argus Leader if the state would ask for different penalties should the insanity defense motion be approved, Jackley responded it's something prosecutors may consider.
Jackley explained the state has the right to hire their own experts and review Hoek's mental evaluation.
More: Joseph Hoek pleads not guilty to murder for death of Moody County chief deputy
"Depending upon what those determinations are, we may or may not agree with it," Jackley said. "At the end of the day, [Hoek's guilt] will be ultimately a determination by a jury."
Hoek had little reaction to the day's proceedings. When he entered the courtroom, he wore a blank expression and casually walked over to his seat.
Five Moody County Sheriff's deputies sat directly behind him, and Sheriff Troy Wellman stood by one of two entrances to the chamber.
The sheriff's deputies' appearance was their way of showing support for their fallen comrade, Wellman told reporters.
"There hasn't been a day since Feb. 2 that I haven't thought of Ken," Wellman said, with his deputies gathered behind him. "I think all the people behind me in uniform are the same way … He did a tremendous job at the job he did and was a great mentor to all of us, me included, even though I was his boss."
The judge scheduled Hoek's five-week murder trial for April 21, 2025.
This article originally appeared on Sioux Falls Argus Leader: Joseph Hoek may make insanity defense in Kenneth Prorok's killing
