The formal arraignment for the man accused first-degree murder in the death of a Moody County deputy sheriff is now scheduled for the Brookings County courthouse.
A grand jury in Moody County reviewed the charges against 40-year-old Joseph Gene Hoek of Sioux Falls in the death of Ken Prorok on Friday. The 10 jurors heard from two witnesses a law enforcement officer and the Good Samaritan witness who rendered immediate aid to Prorok before tracking down the suspect himself and holding him until law enforcement could arrive.
The grand jury issued a formal indictment on a charge of first-degree murder. If found guilty, that charge carries a possible penalty of death or life in prison. Hoek is also charged with felony eluding.
Hoeks attorney entered a plea of not guilty.
His next hearing is scheduled for March 13 at 11 a.m. in Brookings County. The venue change was made to find an available judge on that day.
At that hearing the state will announce whether it will seek the death penalty.
Part of my responsibility in determining whether or not the intent is appropriate is to complete an investigation on mitigating and aggravating circumstances, which is occurring right now, to talk to Sheriff Wellman and his department, and to talk to the victims Kens family, and that is ongoing and occurring even today, South Dakota Attorney General Marty Jackley said.
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