The trial of Joseph Hoek, accused of killing Moody County Chief Deputy Ken Prorok in February 2024, remains on track to begin in October.
During a status hearing on June 30 at the Moody Couty Courthouse, the court addressed several pre-trial motions, including the discovery of information, witnesses, exhibits, expert reports, and the setting of the stages for the trial.
The next hearing is scheduled for July 22, when the court will address additional outstanding motions.
South Dakota Attorney General Marty Jackley, who is also running for the states U.S. House seat, stressed the importance of adhering to the trial schedule. He also reiterated his belief that the trial should remain in Moody County.
We are committed to ensuring that this case proceeds without delay, Jackley said.
The trial could last up to six weeks and will proceed in phases. The first phase, known as the guilt phase, will focus on proving Hoeks guilt beyond a reasonable doubt. If convicted, the case will move into the sentencing phase, where the prosecution will present aggravating factors, including the death of a law enforcement officer and the fact that Hoek was fleeing from police. The defense will have the opportunity to argue mitigating factors.
The state has also filed a motion to introduce res gestae evidence, which includes details of Hoeks past criminal conduct to demonstrate premeditation. This will be a key element of the case.
The defense must submit expert reports by July 31, with a deadline for proposed redactions to video and audio evidence set for mid-August.
Hoek stands accused of first-degree murder and aggravated eluding in connection with the death of Chief Deputy Prorok on Feb. 2, 2024. If convicted, he could face the death penalty.
We are on schedule for an October trial date, but theres a lot of work to be done, Jackley said.
There are five of the states motions regarding res gestae or past criminal history and conduct that still need to be heard. We anticipate some additional legal arguments in the sentencing phase, but it remains important that this case stays on track. Having the July 22 date will be critical in determining whether defense experts and other witnesses will be ready. Ive said all along, the state is ready to try this case today.
