South Dakota will seek death penalty in lawman murder case
Attorney General Marty Jackley says aggravating factors warrant death of suspect
Attorney General Marty Jackley will seek the death penalty against a Sioux Falls man who is accused of murdering a Moody County sheriff’s deputy, the Attorney General’s Office announced Wednesday.
Joseph Gene Hoek faces charges of first-degree murder and aggravated eluding in the Feb. 2 death of Chief Deputy Ken Prorok. During a court hearing in Moody County Wednesday, Jackley provided written notice that his office will seek the death penalty.
“This is a decision that is never taken lightly,” Jackley said in a release announcing his decision. “Based upon the aggravating circumstances of this case, we believe it is appropriate.”
Hoek, who has pleaded not guilty, allegedly committed two aggravating factors that allow the attorney general to seek capital punishment. The first, that Hoek committed first-degree murder while Prorok was engaged in his official duties, and the second, that Hoek committed first-degree murder to interfere or prevent his arrest.
Only one of the aggravating factors needs to be proven to render a finding that supports the death penalty.
“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,” Jackley said.
If convicted and sentenced to death, Hoek would join Briley Piper on death row. Piper was convicted in the 2000 murder of Chester Allan Poage.
South Dakota went 60 years without an execution between the 1947 electrocution death of George Sitts, who was convicted of killing two lawmen, and the 2007 execution of Elijah Page, who was also convicted of killing Poage.
Since Page’s death, four others have been executed: Eric Robert in 2012 for the murder of Correctional Officer Ron Johnson, Donald Moeller in 2012 for the murder of Becky O’Connell, Rodney Berget in 2018 for the murder of Johnson and Charles Rhines in 2019 for the murder of Donnivan Schaeffer.
Since 1877, 20 people have been executed in the state, or in Dakota Territory.
Hoek’s next court appearance is scheduled for June 20 in Moody County.
