SIOUX FALLS, S.D. (KELO) — Two death penalty cases in South Dakota will take center stage in different courtrooms this week.
South Dakota’s Attorney General Marty Jackley will make appearances in both of them; one in state court and the other in federal.
The first one is Thursday concerning the case against Joseph Hoek, who is charged with first-degree murder in the February 2024 death of Moody County Deputy Sheriff Ken Prorok.
Hoek is set to go on trial May 19th, but his attorney is asking for a delay.
“The defense is requesting additional counsel be appointed and there will be a further conversation about the psychiatric reports, previously there was a psychiatric report on the issue of whether or not he could assist in the defense, the defense has also sought additional psychiatric reports relating to the type of plea dealing with mental status and a potential insanity plea,” Jackley said.
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Prorok of Wentworth, South Dakota, was killed during a pursuit near the I-29/Colman exit.
That’s where Hoek allegedly swerved at Prorok as he was deploying spike strips to try and end the pursuit.
Jackley says because this case involved the alleged murder of a law enforcement officer, it qualifies for a capital punishment case: death by lethal injection.
Don: Will you ask for a plea deal?
Marty: Typically my position as attorney general on all the capital cases I’ve handled, I typically would not do that and I certainly would not do that without the officer’s family being a part of that conversation and the Moody County Sheriff’s office being a part of that conversation.
Jackley also says asking for a delay in the trial is hard on the family.
“It’s extremely difficult it keeps bringing up events that happened, it puts added stress, we have victim’s advocates that do their best to try to help a family through this, but it’s very difficult,” Jackley said.
Hoek’s motions hearing is scheduled for 1:30 p.m tomorrow in the Moody County Courthouse in Flandreau.
Then on Friday morning in Sioux Falls Federal Court, Attorney General Jackley will participate in a hearing for Briley Piper, who received the death penalty after he was convicted in the 2000 death of Chester Poage.
Piper is the only current inmate on death row in South Dakota and is appealing his sentence.
