South Dakota seeks death penalty in Joseph Hoek murder case

The South Dakota Attorney General's Office has submitted a notice seeking the death penalty against Joseph Gene Hoek in the case of Moody County Chief Deputy Kenneth Prorok’s death. Hoek's attorneys, in return, said they would be seeking mental health evaluations for the defendant and will enter a plea of insanity if necessary.

The announcements came after an 11 a.m. arraignment hearing Wednesday at the Moody County Courthouse in Flandreau, after Hoek was escorted into the courtroom by two officers, one of whom was Moody County Sheriff Troy Wellman.

South Dakota Attorney General Marty Jackley, representing the state along with Chief Deputy Attorney Brent Kempema, said the state filed the notice against Hoek. This decision was after taking into account the statutory factors, which include the first degree murder charge, as well as two other factors specific to this case.

“The first factor is what we call Subsection 7, which is (that) Officer Prorok was killed in the line of duty as a law enforcement officer,” Jackley said, while addressing the media after the hearing. “And the other one is Subsection 9, (which) was again, first degree murder with the defendant Mr. Hoek attempting to evade or avoid arrest and law enforcement.”

Jackley said this was a decision taken with a lot of thought after meeting with the victim’s family repeatedly and taking into consideration their wishes, as well as conversations with Wellman and his deputies.

“What (this) really means is, at this point, in the event there is a conviction, it would go to a sentencing stage with the same trial jury to hear aggravating and mitigating circumstances,” said Jackley. “I had an opportunity to review the circumstances, (which) include educational background, criminal history, mental health records, counseling records, and then arrived at this decision.”

Hoek, who is also being charged with aggravated eluding, is the suspect involved in a police chase on Feb. 2, in which Prorok died after Hoek struck him with a vehicle. The murder charge is punishable by a life sentence or a death penalty, and the aggravated eluding charge requires a two-year sentence at the state penitentiary.

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

Throughout the investigations, Hoek has maintained that he faces serious mental health struggles, which caused him to not be fully in control of his actions or even remember them, attorneys said. Following this, defense attorneys Manuel De Castro and Raleigh Hansman said they had asked for a mental health competency evaluation, which Judge Gregory Stoltenburg said the court had signed off on.

In the event of an insanity plea, Jackley said the state’s side will reserve the right to a second opinion if necessary for the case. He said the state’s side would need to, in fairness to the state and in fairness to the defendant, see what the psychological reports say and make an informed decision. Consultation with the sheriff’s office and Prorok's family would also again need to occur, Jackley said.

The courtroom was filled with Prorok’s family and members of the community interested in the case.

In the case of small town, tightly-knit communities like Moody County, Jackley said people want to see all the evidence and a fair trial to come to an appropriate decision and judgement. Thus, even though there is personal investment in the case, there is always the requirement of a fair trial.

Wellman said the community continues to be a great source of support for the sheriff’s office as well as Prorok’s loved ones and family.

“We continually still to this day, now a month past, get sympathy cards from across the country, different law enforcement offices, different Fallen Officer Divisions of nonprofit groups,” Wellman said. “So, the outpouring of the public has been immensely felt and we appreciate it immensely.”

More: South Dakota has lost 58 officers since 1884, including Moody County Chief Deputy Ken Prorok

The next status hearing for the case is expected 11 a.m. June 20 at the Moody County Courthouse.

This article originally appeared on Sioux Falls Argus Leader: SD Attorney General to seek death penalty against Joseph Hoek