Court Says Oklahoma Man Not Mentally Retarded, Is Eligible For Death Penalty

A Canadian County judge has determined a man accused of killing his girlfriend and her four children in their El Reno home is not mentally retarded, and is therefore eligible for the death penalty.

Attorneys for Josh Durcho, 29, tried to argue their client had an I.Q. below 70, which would indicate mental retardation. Prosecutors are seeking the death penalty, but Oklahoma law prohibits the death sentence for a defendant with an I.Q. of 70 or below.

7/30/2012 Related Story: Man Accused In El Reno Family Slaying Gets Hearing

After listening to testimony from psychologists and Durcho's mother, Judge Gary E. Miller ruled the defendant did not satisfy the burden of proof.

Durcho is charged with five counts of first-degree murder in the 2009 deaths of 25-year-old Summer Rust, and her children Evynn Garas, 3, Teagin Rust, 4, and twins Kirsten and Autumn Rust, 7.

Read more about the murders and case against Joshua Durcho