EL RENO (AP) — A professor of special education says that a man charged in the death of his girlfriend and her four young children is mentally retarded.
Dr. Denis Keyes of the College of Charleston in South Carolina testified Monday in the nonjury trial of Joshua Durcho.
The outcome of the hearing will determine whether prosecutors can seek the death penalty for the 2009 deaths.
Durcho faces five counts of first-degree murder for the slayings of Summer Rust and her children. Prosecutors are seeking execution but Oklahoma law prohibits it if a defendant is mentally retarded.
Two IQ tests that Durcho took in 2009 and 2010 produced of IQ scores of 72. With a margin of error up to plus or minus 4 points, Keyes says fits the state definition of mental retardation.