By Carleen Wild
Moody County Enterprise
What happens next in Joseph Hoek’s first-degree murder case — and when his trial may actually begin — is now uncertain.
Judge Gregory Stoltenburg granted the defense more time this past week to complete what is known as mitigation work. That involves gathering additional information that could be considered during sentencing if Hoek is convicted.
The ruling means Hoek’s trial will no longer take place this September in Rapid City. No new date has been set, but Stoltenberg did confirm the case would remain in Pennington County.
Hoek is accused of intentionally striking and killing Moody County Chief Deputy Ken Prorok during a high-speed chase just outside Colman in February 2024. The state is seeking the death penalty.
The delay comes as Hoek’s attorneys have filed 51 motions, including requests to suppress evidence and dismiss the indictment altogether.
The motion to suppress challenges statements and evidence gathered during Hoek’s interactions with emergency responders and law enforcement.
The motion to dismiss alleges investigators improperly used 16 grand jury subpoenas to obtain more than 300 pages of Hoek’s medical, educational and employment records. The defense wants the indictment dismissed or, alternatively, the death penalty removed and the Attorney General’s Office disqualified from the case.
“COMES NOW, Joseph Hoek, by and through his undersigned attorneys of record, and respectfully submits the following Motion to Dismiss the Indictment with Prejudice due to prosecutorial misconduct. In the alternative, Mr. Hoek seeks dismissal of the death penalty as a sentencing option and disqualification of the Attorney General’s Office from prosecuting this case.
The Attorney General and his agents with the Division of Criminal Investigations issued illegitimate grand jury subpoenas’ to obtain Mr. Hoek’s private medical, education, and employment records, and then relied on the illegally-obtained information to Mr. Hoek’s prejudice,” the motion stated.
The claims are allegations from the defense and have not yet been decided by the court.
Attorney General Marty Jackley opposed delaying the trial.
“The state has been ready for trial,” Jackley said.
“We have filed all of our witness lists, our exhibit lists, but we’ve got to work through those 51 motions.”
Stoltenburg said moving forward before the case is ready could lead to errors, appeals and an even longer process. He acknowledged how difficult the delay is for Prorok’s family and colleagues but said he wants to avoid the possibility of another trial.
Some motions will be addressed July 24, when possible trial dates are expected to be discussed. The more complex motions to suppress and dismiss will be heard later.