Joseph Hoek was back in court Thursday as his defense team and prosecutors continue to work through pre-trial motions in the case involving the death of Moody County Chief Deputy Ken Prorok.

One of the key issues heard Thursday was whether the death penalty should remain an option if Hoek is convicted of first-degree murder.

The defense challenged the constitutionality of capital punishment, but Judge Gregory Stoltenburg denied that motion.

That means prosecutors can still seek the death penalty if Hoek is convicted.

Hoek faces first-degree murder and aggravated assault charges in connection with Prorok’s death in February of 2024.

Prosecutors allege Hoek intentionally swerved his vehicle and struck Prorok during a law-enforcement pursuit.

Hoek has pleaded not guilty.

His defense team has filed 51 pre-trial motions. The court addressed about 40 of those Thursday, with the remaining motions expected to be heard in January.

The trial has been moved out of Moody County and is currently scheduled for October of 2027 in Pennington County.