“Five counts? What are you ... talking about?” Durcho said when told of his murder charge. “All I know is that me and ... Summer were getting into it. ... I blacked out.”
Using profanity, Durcho said in the recording, “I can't believe they're dead. All I know is me and Summer was ... fighting and ... the next thing I know I ... blacked out and I had my hands around her ... neck and then next thing I know I blacked out again. That's all I ... know.”
“And I woke up in a ... hospital,” he said to the agents. “That's all I know. That's all I know.”
Prosecutors allege Durcho strangled Rust, 25, because she threatened to call police on him and he had vowed he would never go back to prison.
They allege he strangled her three daughters, Kirsten Rust, 7, Autumn Rust, 7, and Evynn Garas, 3, and her son, Teagin Rust, 4, to eliminate them as witnesses. The victims' bodies were found Jan. 12, 2009, in their El Reno apartment.
Durcho has spent time in prison for marijuana possession. At the time of the deaths, warrants were out for his arrest in a drunken-driving case and a methamphetamine case.
The judge watched the recording in court in September. He ruled after hearing testimony from one OSBI agent in September and a second OSBI agent last week.