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Trial Set for Oklahoma Man Accused of Killing 5 (Mar 20, 2012)

EL RENO, Okla. (AP) - A Canadian County judge has scheduled a non-jury trial to determine whether a man accused of killing his girlfriend and her four young children is mentally impaired.

Besides setting a June 18 date for that proceeding, District Judge Gary Miller also on Tuesday scheduled a Sept. 17 trial for Joshua Durcho and stressed the importance of sticking to it. The trial has been delayed since the 2009 killings.

Defense attorneys say Durcho isn't eligible for the death penalty because of mental issues, but the Oklahoma Court of Criminal Appeals declined to order a separate jury trial to determine his mental capacity.

The bodies of 25-year-old Summer Rust, 7-year-olds Kirsten Rust and Autumn Rust, 4-year-old Teagin Rust and 3-year-old Evynn Garas were found Jan. 12, 2009, at their El Reno apartment.

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