Joshua Durcho

Case record: Joshua Durcho

Background

Joshua Durcho was an Oklahoma man accused of strangling his ex-girlfriend and her four young children.

At the time of the killings, warrants were out for Durcho’s arrest in a drunken-driving case and a methamphetamine case. Durcho had spent time in prison for marijuana possession, and prosecutors said he had vowed he would never go back to prison. His past included a juvenile conviction for car theft and a sentence of four years in prison in 2003 for unlawful possession of marijuana; he was released in February 2007. Durcho’s interests on MySpace included tattoos, bodybuilding, and the gory “Saw” film series, and the page included a warning: “Danger many illegal activities in progress. Enter at your own risk.”

The offence

Joshua Durcho was charged with five counts of first-degree murder. Each charge listed strangulation as the cause of death.

The deaths involved Summer Rust and her children: Evynn Garas, Teagin Rust, Kirsten Rust, and Autumn Rust.

Prosecutors alleged Durcho strangled Summer Rust, 25, when she picked up the phone to call police on him. Prosecutors also alleged he strangled Summer Rust’s three daughters—Kirsten Rust, 7, Autumn Rust, 6 (also stated as 7), and Evynn Garas, 3 (also stated as 3)—and her son Teagin Rust, 4, to eliminate them as witnesses. Prosecutors alleged Durcho sexually abused the 7-year-old girls; the narrative also included that prosecutors alleged he sexually abused Kirsten.

Autopsies showed Rust and her children died from “ligature strangulation,” meaning they were strangled with something that left marks on their necks. Investigators described that the children had ligature marks around the neck. The victims’ bodies were found in the apartment, and the children’s bodies had been stacked in a bathtub partially filled with water.

Investigators had not determined a motive for the killings at the time of the initial charge announcement. Jessica Brown, a spokeswoman for the Oklahoma State Bureau of Investigation, said: “We don’t know if it’s a domestic that went terribly wrong.” Brown also said: “I know they had their ups and downs in their relationship.”

Prosecutors alleged Durcho strangled Rust because she threatened to call police on him and he had vowed he would never go back to prison.

Investigation

Investigators had not determined a motive when prosecutors charged Durcho with five counts of first-degree murder.

After the killings, Durcho reportedly drove to Edmond and told a friend that he had “choked” Summer Garas and that he planned to flee the state. When the friend asked Durcho about the children, Durcho told her the children were with Garas’ mother in Nevada. The narrative also said that Durcho visited a cousin in Oakwood about 6:30 p.m. Monday and tried to get her to swap vehicles with him.

Surveillance video from a truck stop in Clinton captured Durcho’s image and that of a white car authorities believed belonged to Garas.

Arrest

Joshua Durcho was arrested in Texas after his car hit a guard rail and then struck a tree.

Durcho was arrested Tuesday night in Texas’ Hamilton County after his car hit a guard rail on state Highway 36 and then struck a tree, according to Tom Vinger, a Texas Department of Public Safety spokesman. Vinger said: “They passed each other, our trooper is watching him in the rearview mirror, he sees him weaving, and he turns around to investigate,” and “That’s when the suspect’s vehicle crashed.” Vinger also said: “Durcho’s concerns about being followed by a trooper may have caused him to focus on the rearview mirror instead of the road, leading to the crash.”

Durcho’s identity was checked and it was determined he was wanted by Oklahoma authorities. He was treated for minor injuries at a Hamilton, Texas, hospital and released to a state trooper who took him to the county jail, where he was being held without bail. The Texas Department of Public Safety did not have information on whether Durcho had an attorney.

Trial

Joshua Durcho was scheduled for further proceedings at the time of the guilty plea, and prosecutors had planned to seek the death penalty at a trial set to begin.

Durcho pleaded guilty to each murder count.

Canadian County District Judge Gary Miller asked if Durcho had choked Summer Rust to death followed by her four children. Durcho responded: “Yes, sir.” The plea agreement involved the judge reading details to Durcho, and Durcho said “Yes, sir” after the judge asked about the choking and killings.

John Echols, one of the defense attorneys, said Durcho met privately with family members of the victims before the hearing. Echols also said Durcho did not remember much of what happened the day of the killings, but apologized to the relatives.

Sentencing

Durcho was sentenced to five consecutive life prison sentences without parole on September 13, 2012.

The victims’ family members agreed to the plea deal, and prosecutors had planned to seek the death penalty. Rhonda Rust, stepmother of Summer Rust, said: “The death penalty wouldn’t have made me feel any better than him being locked up forever,” and “I thank God we didn’t have to go through a trial.”

District Attorney Mike Fields said the plea agreement honored the wishes of the victims’ relatives and guaranteed Durcho would spend the rest of his life in prison.

In pleading guilty, Durcho agreed not to appeal his conviction and gave up all pardon, parole and commutation rights.

Appeals

Durcho agreed not to appeal his conviction.

Outcome

Joshua Durcho pleaded guilty to five counts of first-degree murder and received five consecutive life prison sentences without parole.

A judge rejected Durcho’s mental retardation claim, which meant prosecutors still could seek the death penalty at the upcoming trial.

The judge’s ruling stated: “This Court finds that Mr. Durcho is not mentally retarded,” as Canadian County District Judge Gary E. Miller ruled in a two-page order filed Wednesday.

The judge heard testimony over four days in June and one day in July, with experts providing evidence. The judge also heard from Durcho’s mother, stepfather, a cousin, a former girlfriend, an aunt, a half brother, and an El Reno Public Schools official.

Defense attorneys failed to prove two of the three criteria necessary for mental retardation under Oklahoma law. The first requirement was an IQ of 70 or below. The second requirement was significant limitations in at least two adaptive skills such as self care, home living or communication. The third requirement was that the mental difficulties showed up in youth.

Durcho scored 72 on two IQ tests given since his arrest, and the judge agreed that Durcho had an IQ of no more than 70 once the margin of error was applied. One test was given in 2009 by a psychologist hired by defense attorneys, and the second was given in 2011 by a psychologist hired by the prosecution.

The judge found that defense attorneys did not prove Durcho had sufficient limitations in adaptive functioning and did not prove mental retardation manifested itself before Durcho became 18. The judge also said: “He was never diagnosed with mental retardation,” and stated: “Mr. Durcho's mother testified that she did not assist her son in his educational endeavors by such things as reading to him or assisting him with math.” The judge further stated: “She indicated there was no importance placed on education, that Mr. Durcho was free to progress at whatever rate he chose in his formative educational years. Her primary concern was that he play football. He apparently played football for one or two years.”

Oklahoma law barred death sentences if a defendant met the state definition of mental retardation, which included an IQ of 70 or below and “significant limitations in adaptive functioning,” and required onset before age 18.

Dr. Shawn Roberson, a forensic psychologist with the Oklahoma Department of Mental Health and Substance Abuse Services, testified that Durcho’s mental functioning was “at the low borderline range.” Miller rejected claims that Durcho was mentally disabled and ineligible for the death penalty.

Aftermath

Relatives described how the killings affected them during the emotional hearing.

At one point, Crystal Franklin, the grandmother of 3-year-old Evynn, said: “I never got to hear what she wanted to be when she grew up,” and “This is a closure to part of my life. But I have the rest of my life to remember this terrible tragedy.” Franklin spoke directly to Durcho and said: “I do forgive you and may God be with you.”

Rhonda Rust described that the victims must have been terrified and said: “The horror they must have endured.”

John Echols said Durcho apologized to the relatives.

Other details

Susan Rust, Garas’ mother, said her daughter planned to end her relationship with Durcho that past Sunday and told Durcho: “She said it was over and it was done, and apparently that didn't go over very well.” Susan Rust also said: “I hope he gets the slowest, most painful death, because that's what he has earned. Hell is too good for him.”

Crystal Franklin, Jason Garas’ mother, said: “I'm just numb, just not knowing what to think,” and “The kids were just wonderful.” Franklin also said: “Summer rarely locked her door and helped neighbors when they were in need.” She said: “Summer never met an enemy,” and “She didn't have an enemy, just loved everybody.”

Teagin was described as fond of monster trucks and had planned to go with his grandparents to a truck show in Oklahoma City. Franklin said: “They were just full of life, a joy to be around.”

El Reno Public Schools officials confirmed Summer Garas was a student at nearby Redlands Community College studying to be a legal assistant, and college spokeswoman Meg Cannon said: “From what I have heard, she was a very intelligent young woman and very well liked by her peers,” and “Obviously, we are going to miss her, and her family is in our thoughts and prayers.”

Court records showed that Summer Garas and her ex-husband Jason Garas were divorced on Dec. 10.

A separate jailhouse informant account described that Roy George Kuykendall, an inmate at Canadian County jail, said Durcho admitted to killing his girlfriend and her four children and said Durcho was faking a mental retardation claim to avoid the death penalty. The narrative also stated that Kuykendall was placed in protective custody and faced felony counts of escape and conspiracy to escape in Canadian County District Court. The attorney Amy L. McTeer, 39, was charged with harboring a fugitive in Oklahoma County District Court and assisting a prisoner escape in Canadian County District Court; McTeer was free on bail.

The narrative also stated that prosecutors had a new witness described as a “jailhouse informant” and that District Judge Gary E. Miller agreed to sign an order authorizing Durcho’s defense attorneys to have access to relevant information from cases involving the new witness. The judge sealed from public view the defense’s written request for information about Kuykendall and McTeer.

The narrative stated that prosecutors allege Durcho strangled Rust when she threatened to call police and that warrants were out at the time of the deaths for Durcho’s arrest in a drunken-driving case and a methamphetamine case.