EL RENO — A judge ruled Monday a jury can see the recorded admission of the ex-convict accused of killing his girlfriend and her four children.
Joshua Steven Durcho admitted to OSBI agents to having a fight with girlfriend Summer Rust. He said he blacked out with his hands around her neck.
His trial is scheduled to begin in February.
His attorneys wanted the judge to suppress his 2009 statements because he asked for a lawyer beforehand.
The defense attorneys argued Oklahoma State Bureau of Investigation agents played psychological games on Durcho to elicit the statements. They complained agents wrongfully prolonged their contact with Durcho after he said he wanted an attorney by feigning interest in his tattoos.
The prosecutor said Durcho, 28, talked about the fight after agents stopped trying to interrogate him. The prosecutor said Durcho spoke about it when agents told him he was charged with five counts of first-degree murder and offered to get him some water because he was crying.
Canadian County District Judge Gary E. Miller agreed Durcho was not being interrogated when he made the statements. The judge also noted OSBI agents repeatedly reminded Durcho of his rights during their time with him.
The OSBI agents met with Durcho in Texas on Jan. 14, 2009, after he wrecked his girlfriend's car the night before and was released from a hospital. He was in custody.