GUILTY OK - Summer Rust, 25, & her 4 kids strangled, El Reno, 12 Jan 2009

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Summer Rust, 25, her daughters Kirsten Rust, 7, Autumn Rust, 7, and Evynn Garas, 3, and son Teagin Rust, 4, were found strangled Jan. 12 in their El Reno apartment. Officials arrested Rust’s boyfriend, Joshua Steven Durcho, 26, a day later after he crashed Summer Rust’s car near Waco, Texas.

Durcho, who remains jailed in Canadian County without bail, faces a trial April 5 on five murder counts. A judge in October denied a defense challenge to the death penalty.

http://newsok.com/hearings-are-planned-in-several-2009-oklahoma-cases/article/3429229
 
good god.....and what exactly was the challenge to the death penalty? this is one of those cases that those who generally oppose it make exceptions....
 
http://newsok.com/oklahoma-judge-rejects-request-to-move-joshua-durcho-trial/article/3470607

Published: June 23, 2010

A judge today refused to move ex-convict Joshua Steven Durcho's murder trial out of El Reno.

The jury trial is set to begin Sept. 13 in Canadian County District Court.

Durcho, 27, is charged with five counts of first-degree murder. His attorneys asked for the trial to be moved. They argued potential jurors in Canadian County could not be fair because they were too shaken by the deaths and too exposed to publicity.

medium.jpg
 
The trial has been postponed at the request of the defense and a status hearing will be held next week. A new trial date may be set then.

http://www.stamfordadvocate.com/def...-County-murder-case-1392202.php#ixzz1NDjB6jgs

May 23, 2011

EL RENO, Okla. (AP) — A status hearing in the case of a 28-year-old ex-convict accused of strangling his girlfriend and her four children has been delayed.

Canadian County Assistant District Attorney Paul Hesse says the hearing in the first-degree murder case of Joshua Steven Durcho has been rescheduled for May 31.

At that time, a judge could set a trial date for Durcho, who faces five counts of first-degree murder in the 2009 deaths of 25-year-old Summer Rust and her children, 7-year-olds Kristen and Autumn Rust; 4-year-old Teagin Rust, and 3-year-old Evynn Garas. Prosecutors are seeking the death penalty.

Durcho initially was scheduled for trial in April 2010, but a judge delayed the start of the trial after Durcho's original attorneys were allowed to withdraw from the case.
 
Trial set in Oklahoma quintuple murder case (newsok.com)

EL RENO (AP) — Canadian County authorities have scheduled an Oct. 3 trial date for a man accused of killing his girlfriend and her four children.

Assistant District Attorney Paul Hesse said Wednesday officials set the trial date for 28-year-old Joshua Steven Durcho.
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Prosecutors are seeking the death penalty.
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more here:
http://tiny.cc/bwthc
 
Oklahoma ex-convict, accused in five deaths, said he blacked out during fight with girlfriend
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In the recording, he reacted like he was surprised when he was told he was charged with five counts of first-degree murder.

“Five counts? What are you … talking about?” Durcho said, using profanity. “All I know is that me and … Summer were getting into it. … I blacked out.”

He wept as he spoke, putting his head on his handcuffed hands. Using profanity again, Durcho said in the recording, “I can't believe they're dead. All I know is me and Summer was … fighting and … the next thing I know I … blacked out and I had my hands around her … neck and then next thing I know I blacked out again. That's all I … know.”

“And I woke up in a … hospital,” he said to the agents. “That's all I know. That's all I know.”
---
the full story at Daily Oklahoman link above
 
http://www.elrenotribune.net/

FRIDAY HEARING COULD DETERMINE DURCHO MENTAL CAPACITY ARGUMENT'S STATUS

Edition: Wednesday, January 04, 2012


Whether or not a jury will hear arguments about accused killer Joshua Durcho's mental capacity could be decided Jan. 6.

Durcho's court-appointed attorneys, Wayne Woodyard and John David Echols, have alleged the now 28-year-old Durcho is mentally retarded. If a jury agrees, that would mean Durcho would not face the death penalty.
 
http://www.newson6.com/story/16465507/no-trial-on-mental-disability-claim-for-okla-man

A Canadian County judge has rejected a request to have a jury decide whether a man facing five counts of first-degree murder is mentally disabled.
Assistant District Attorney Paul Hesse says District Judge Gary Miller denied the request Friday in the case of Joshua Durcho. But Hesse says Miller stayed the case until Feb. 21 to give defense attorneys time to appeal.

The stay voids the scheduled Feb. 6 start of Durcho's trial.

delay, delay, delay...it's been 3 years
 
http://newsok.com/trial-date-for-jo...children-in-el-reno-postponed/article/3437039

An order filed Monday by Associate District Judge Bob Hughey postponed the April 5 trial of Joshua Steven Durcho on five counts of first-degree murder.
No new trial date was set.
Assistant District Attorney Paul Hesse said Thursday the judge who was presiding over the case, District Judge Edward Cunningham, retired at the end of December. Hesse says Gov. Brad Henry has not yet named a successor.

come on Okla, did you not know this judge was retiring in DECEMBER???
 
http://newsok.com/trial-date-for-jo...children-in-el-reno-postponed/article/3437039

An order filed Monday by Associate District Judge Bob Hughey postponed the April 5 trial of Joshua Steven Durcho on five counts of first-degree murder.
No new trial date was set.
Assistant District Attorney Paul Hesse said Thursday the judge who was presiding over the case, District Judge Edward Cunningham, retired at the end of December. Hesse says Gov. Brad Henry has not yet named a successor.

come on Okla, did you not know this judge was retiring in DECEMBER???

DUH! Seriously!
 
Oklahoma appeals court denies Durcho a separate jury trial over mental issue

http://newsok.com/oklahoma-appeals-...-issue-in-el-reno-murder-case/article/3655291

March 7, 2012

An El Reno man accused of killing his girlfriend and her four children will not be getting a separate jury trial on a mental issue.

The Oklahoma Court of Criminal Appeals refused last week to order a separate jury trial for Joshua Steven Durcho on his mental capability.

Durcho, 29, is charged with five first-degree murder counts, and prosecutors are seeking the death penalty. His defense attorneys contend he is ineligible for that punishment because he is mentally retarded.
 
Trial date set for September 17, 2012

Finally!

http://www.koco.com/r/30729241/detail.html

El RENO, Okla. -- The man police say killed a family of five will go on trial for the crime.

Summer Rust, 25, and her daughters, Kirsten Rust, 7; Autumn Rust, 6; and Evynn Garas, 3; and her son, Teagin Rust, 4, were found dead in their El Reno apartment in 2009.

elReno_200x400.jpg
 
Durcho is getting a hearing before a judge on the issue of whether he is mentally retarded, as his defense lawyers claim. If he is found to be retarded, the state cannot pursue the death penalty.

After a break, the hearing will resume in the third week of July.

http://newsok.com/durcho-hearing-adjourns-until-july/article/3688113

As far as I know, his murder trial is still set for September.


More testimony from the hearing:

Half brother says El Reno murder defendant Joshua Durcho admitted killing girlfriend

http://newsok.com/half-brother-says...o-admitted-killing-girlfriend/article/3686199
 

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