The trial date for Joseph Gene Hoek, the man charged in the hit-and-run death of Moody County Chief Deputy Ken Prorok in February of 2024, has been postponed until October 14.
Hoek appeared before a packed Moody County courtroom this past Thursday to request a continuance in his case. Attorneys for Hoek and Attorney General Marty Jackley, representing Prorok and his family, met privately in council chambers for nearly 35 minutes before entering the courtroom to announce the change.
Jackley told the judge that while the state is not necessarily in favor of a later trial date, he understood the request and wanted to ensure Hoek received due process.
Defense counsel, and rightly so, has indicated the need for additional counsel as well as additional experts. Because this is a death-eligible case, the rules do permit additional counsel and additional experts, which isnt always the case in a non-capital case, Jackley explained.
Hoek, who smiled and winked at reporters as he left the hearing, faces the death penalty or life in prison in connection with Proroks death.
The Sioux Falls area man was allegedly involved in a high-speed chase out of Lake County on February 2, 2024. That chase ended when Hoek reportedly swerved to avoid a spike strip along Highway 34 near the I-29 exit. An eyewitness reported that the maneuver, which resulted in Deputy Sheriff Proroks death, appeared deliberate not only to avoid the spikes but also with the apparent intention of hitting Prorok.
The eyewitness was the one who chased Hoek down and kept him apprehended for law enforcement after Hoek fled from his vehicle.
A year after Proroks death, the impact continues to be felt deeply, not only by his family but also by his colleagues and the entire county.
Its not easy when you go from believing you have a trial date on May 19 to now looking at October 14, Jackley said.
But I recognize that we have to ensure this defendant is presumed innocent and has every constitutional right enforced. Thats happening now, and I believe that October 14 is a realistic trial date. At that time, the state will be prepared to move forward with this case.
Hoek has entered a not guilty plea in the case, and Jackley indicated that it does not appear likely that plea will change.
This case is proceeding with a not guilty plea. The state was prepared for trial on May 19 and will be ready for trial on October 14. We will ensure everything we can to make sure he receives his due process and that the victims family has a voice, Jackley explained.
Sheriff Troy Wellman echoed the importance of a fair trial.
I understand the whole concept of due process, and we dont want to jeopardize any of that. We want a fair trial with no issues, Wellman said.
Do it right the first time so that you dont have to go through it again. But on behalf of the Sheriffs Office and the family, you mentally prepare for, this is going to happen, and this is when. And now you have to live in that pause for another five monthsHes entitled to a speedy trial by statute, but that doesnt mean the office and victims get the speedy trial.
Local officials are facing not only the emotional toll of the case but also the financial burden. As court dates get pushed back, the cost of the case continues to rise. The county is currently paying $95 a day to hold Hoek without bond while he awaits trial.
To date, the county has spent approximately $34,580 on jail costs, $23,204 on attorney fees for Hoek, and about $13,000 on other court-related costs, according to Moody County Auditor Tawny Heinemann.
The next court date regarding the trial is set for May 8. Any new motions in the case must be filed by April 25.
Hoek trial postponed to October
