SIOUX FALLS, S.D. (KELO) – On February 2nd, 2024, family, friends and an entire community lost Moody County Chief Deputy Sheriff Ken Prorok. He was a father, a husband and a friend to many.
Since then, his family, friends and community have been honoring his legacy as attorneys prepare for a trial.
“I don’t know how it could ever be fast enough for a victim’s family that went through such a tragedy,” South Dakota Attorney General Marty Jackley said.
Prorok was killed during a high-speed chase near the I-29 and Colman exit. 42-year-old Joseph Hoek is accused of swerving and intentionally running down Prorok on the highway.
Since then, Hoek has made multiple court appearances as his case moves through the legal system. Jackley said while the process may move slowly, it is necessary.
“I think everybody in the proceedings and the public believes when you have a capital case, we need to make sure we get it right. That’s what’s happening right now,” Jackley said.
The prosecution says it’s still seeking the death penalty for multiple reasons.
“It fit several aggravating factors, including the death of a police officer and a death occurring while fleeing from law enforcement. It met the statutory criteria,” Jackley said. “There have been different lawyers assigned for the defense related to handling the criminal conviction side and if necessary, ultimately, the sentencing side.”
Up next in the case is a change of venue hearing scheduled for Friday, October 3rd. The request comes after the defense argued the trial might not be fair in Moody County. The court will decide whether to move the trial elsewhere.
“There can be a change of venue if there’s a fairness issue, if a defendant is not able to get a fair trial because of either publicity or knowledge in the community or relationships with the parties,” Jackley said.
Four attorneys have been assigned to Hoek’s defense. Jackley is one of the five attorneys prosecuting the case.
“To a degree, South Dakota’s always expected that of our attorneys general,” Jackley said. “They feel that we elect you for those cases that are important.”
But Jackley said that doesn’t make the process of preparing for trial any easier for anyone.
“It weighs on me as a prosecutor to do it as well as we can within a reasonable amount of time, but to make sure that the defendant does receive due process,” Jackley said. “That’s important to have all of that occurring, and it’s been happening in this case.”
Not long after Friday’s motions hearing, Jackley said he believes a trial date could be set.
