By Carleen Wild
Moody County Enterprise
A new trial date has been set in the case against Joseph Hoek, who is charged in the 2024 death of Moody County Chief Deputy Sheriff Ken Prorok.
During a status hearing this past Friday, the court scheduled Hoek’s trial for Oct. 4 through Nov. 24, 2027.
A hearing on defense motions seeking to suppress evidence and dismiss the indictment has been set for Sept. 17 and 18. The state has until Aug. 14 to respond.
As the case stretches into another year, Moody County officials are growing increasingly concerned about how much more it will cost local taxpayers. Because the alleged crime occurred in Moody County, the county is responsible for paying Hoek’s court-appointed defense expenses.
Moody County State’s Attorney Paul Lewis told commissioners the county recently received an $18,000 request for a Rapid City VRBO (vacation rentals by owner type of platform used to rent homes) intended to house defense counsel during the previously scheduled September trial.
“Well, I have waded into the fray,” Lewis said during the most recent regular meeting of the Moody County Commission.
“There was a bill for $18,000 for a VRBO for the defense counsel in Rapid City, and they still wanted payment from Moody County. I weighed in by saying, ‘No, we’re not paying a bill for a VRBO that may not be used. Why would the taxpayers in Moody County be OK with an $18,000 bill that isn’t going to do anything?’”
Defense attorneys have argued they need adequate space to stay and meet while the trial is underway in Rapid City. Lewis noted that meeting rooms are available at the Pennington County Courthouse and said the prosecution has agreed to use lodging where state government rates apply.
Lewis said Judge Gregory Stoltenburg agreed the September reservation should be canceled but also reprimanded him for interfering with the defense team’s arrangements.
Stoltenburg additionally assured Lewis that he considers the financial burden the case is placing on Moody County.
The county has placed an additional $500,000 in its proposed 2027 budget because of the trial.
“And I don’t even know if that will cover it,” Auditor Tawny Heinemann said.
Heinemann, by request, has also prepared a spreadsheet for the judge detailing the defense expenses approved so far — which to date total $624,805.73.
Lewis said county officials understand the importance of handling the case properly so it does not have to be tried again. At the same time, he said, they have a responsibility to be good stewards of public money.
“It’s not a lottery ticket. We’ve got finite resources,” Lewis said.
The financial cost is only one concern surrounding the extended delay. The new timeline also means another year of uncertainty and an added emotional toll for Prorok’s family, friends and law enforcement colleagues, who have already spent more than two years waiting for the case to be resolved.
The delay could also bring a change in the prosecution team. South Dakota Attorney General Marty Jackley, who is prosecuting the case, won the June 2 Republican primary for the state’s lone seat in the U.S. House. He will face Democrat Nikki Gronli in the Nov. 3 general election. If elected, Jackley would leave the Attorney General’s Office and no longer personally serve as prosecutor in the case.