South Dakota Seeking Death Penalty in Death of Moody County Sheriff

On Friday, February 2 Moody County, South Dakota Chief Deputy Sheriff Ken Prorok of Wentworth was killed in the line of duty following a high-speed pursuit.

Prorok died from his injuries after allegedly being struck by Joseph Hoek’s vehicle during a high-speed chase down Highway 34.

One week later a Moody County Grand Jury indicted Hoek on charges of First-Degree Murder and Aggravated Eluding.

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Wednesday (March 13) Hoek South Dakota Attorney General Marty Jackley announced that the state has filed its notice to seek the death penalty in the First Degree Murder case against Hoek.

Jackley said in a release that the decision is never taken lightly.

“Based upon the aggravating circumstances of this case, we believe it is appropriate.”

Hoek has been charged with First Degree Murder and Aggravated Eluding.

The Attorney General cited two statutory aggravating circumstances, where at least one is required to seek the death penalty:

• That Hoek committed First Degree Murder while Chief Deputy Prorok was engaged in the performance of his official duties; and,
• That Hoek committed First Degree Murder for the purpose of avoiding, interfering with, or preventing a lawful arrest of Hoek.

“If a jury finds the defendant guilty of First Degree Murder, it will be the state’s intention to offer evidence to the jury that will prove that one or both of these aggravating circumstances have been met,” said Attorney General Jackley.

READ MORE: 5 ESCAPED CONVICTS Still On The Run From South Dakota

Hoek's next court appearance is June 20 at the Moody County Courthouse in Flandreau. The defendant has pleaded not guilty and is presumed innocent under the U.S. Constitution.