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The Shawnee News-Star
  • Quintuple murder suspect mentally fit

  • An Oklahoma judge has ruled that a man accused of killing his girlfriend and her four young children is not mentally disabled, which allows prosecutors to seek the death penalty.


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  • An Oklahoma judge has ruled that a man accused of killing his girlfriend and her four young children is not mentally disabled, which allows prosecutors to seek the death penalty.
    Canadian County District Judge Gary Miller ruled Wednesday afternoon that 29-year-old Joshua Durcho does not meet the state definition of mental retardation.
    Durcho faces five counts of first-degree murder for the January 2009 deaths of 25-year-old Summer Rust and her children — 3-year-old Evynn Garas, 4-year-old Teagin Rust and 7-year-old daughters Kirsten and Autumn Rust
    Defense attorneys claimed Durcho's mental condition made him ineligible for the death penalty. His trial is scheduled to begin Sept. 17.
    The judge ruled that Durcho had a learning disability but did not meet the legal definition of mental retardation.

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