EVYNN GARAS - 3 yo (2009) - El Reno (W of OK City) OK

El Reno OK ---- With pain in their hearts and tears in their eyes, family
and friends of Evynn Garas knelt down beside her grave on what would
have been her fifth birthday. "It's been hard, it's been really hard,"
said family friend Jamie Davis. "She was awesome; she could never say my
name, she would always call me Daime. She was just cute."

"I think she would really be pleased because these are the people that
loved her and was around her most of the time," said her Grandfather
James Franklin.

In January of 2009 the 3 year old was murdered inside an El Reno
apartment along with her three siblings and her mother.

The alleged suspect, her mom's boyfriend Steven Durcho, who was also in
court a few hours earlier.

According to Durcho's attorneys, their client can't get a fair trial in
Canadian County and want a change of venue.

"I don't know what their definition of a fair trial is; this is a man
that murdered five innocent people, so what do they consider fair?" said
Franklin.

However, a paperwork glitch lead to another delay and more heartbreak
for the family.

On top of their frustration, a glance from Durcho also fueled more
anger.

"How can you murder five people and walk into the courtroom with no
remorse on your face and he walked into the court with a smirk on his
face actually, a smile on his face," said Franklin.

"Oh that pissed me off! Oh that smile on his face and he started waving,
he almost started waving; that is sick," said Davis with tears in her
eyes.

It's a grieving process that can't be completed until this case is
finally closed.

"Either way, the death penalty or life in prison, either way is fine,
but I'd rather see him suffer," says Davis.

Durcho is scheduled to be back in court on June 23.

Durcho case: Attorneys' exit may delay trial in El Reno killings
The El Reno, OK, trial for Joshua Steven Durcho, accused of strangling his former girlfriend and her four children, is likely to be delayed after defense attorneys withdrew from the case.
BY MICHAEL BAKER
Published: August 13, 2010



EL RENO — A judge Thursday allowed attorneys for a man accused of fatally strangling his former girlfriend and her four children to withdraw from the case.

Canadian County District Judge Gary Miller granted a request from lawyers with the Oklahoma Indigent Defense System to no longer represent Joshua Steven Durcho, 27, after the lawyers declared a conflict of interest.

While no indication of the conflict was given in court or by attorneys, the action came almost two months after Durcho and another murder defendant allegedly had a failed escape attempt from the Canadian County jail. Durcho and Jeremy Alan Pendleton, who also was represented by Oklahoma Indigent Defense attorneys at the time, were really never a threat to escape, Sheriff Randall Edwards said.

While ruling Thursday a conflict of interest had developed between defense attorneys and Durcho, Miller declined to postpone the Sept. 13 trial.

Miller said he would consider changing the trial date after new attorneys are appointed.

Durcho has pleaded not guilty in the Jan. 12, 2009, killings of Summer Rust; her daughters, Kirsten Rust, 7, Autumn Rust, 7, and Evynn Garas, 3; and her son, Teagin Rust, 4.

Prosecutors are seeking the death penalty for Durcho, who appeared at the hearing in shackles, an orange jumpsuit and a long-sleeve undershirt with holes worn in the elbows.

Defense attorneys and the prosecution declined to comment after the hearing. Court filings on the matter have been placed under seal and are not publicly available.

The entire Oklahoma Indigent Defense Capital Division in Norman has declared the conflict.

No indication of who would be Durcho's next attorney was given, although the public defender system does have a capital division in the Tulsa area and also contracts with private attorneys qualified to handle death penalty cases.

Judge Miller said the conflict arose after the state filed an amended bill of particulars.

The original bill of particulars stated several reasons why prosecutors think the death penalty is warranted.

The amended bill of particulars was filed under seal on July 9.

The court document was filed after Durcho and Pendleton allegedly tried to escape on June 24. A day earlier, Miller denied defense attorneys' request to move the trial to another location because of pretrial publicity.

Pendleton was trying to remove mortar from a wall so he could get into Durcho's adjacent cell, Edwards said.

Durcho was doing the same in another wall that adjoins an exterior exercise area.

The wall is steel reinforced, and the exercise area was surrounded by a tall security fence.

"It wasn't anything of any threat to security or anything where they were even close to getting out," Edwards said.

"They weren't going anywhere if they had removed the mortar."

At the time of the escape attempt, Oklahoma Indigent Defense System attorneys from the capital division also represented Pendleton, according to court records.

Pendleton is charged in connection with the stabbing death of an 18-year-old in El Reno on March 28.

http://newsok.com/durcho-case-attorneys-exit-may-delay-trial-in-el-reno-killings/article/3484547

New Trial Date Set for El Reno Man Accused of Killing Girlfriend, 4 Children
Posted: Oct 14, 2010 2:34 PM CDT
Updated: Oct 14, 2010 4:30 PM CDT

News9.com

EL RENO, Oklahoma -- The trial date set for a man accused of killing his girlfriend and her four children has been moved, according to court records.

The trial date for 27-year-old Joshua Steven Durcho has been moved to Monday, May 2, 2011.

In August, Durcho's former defense attorneys asked Canadian County District Judge Gary Miller to let them withdraw from the case and for the trial date to be rescheduled to allow his new defense time to prepare for trial.

Prosecutors are seeking the death penalty in the 2009 strangulation deaths of Durcho's girlfriend, 25-year-old Summer Rust, and her four children 7-year-old Kirsten Rust, 7-year-old Autumn Rust, 4-year-old Teagin Rust and 3-year-old Evynn Garas.

The new trial is set for May 2, 2011.

http://www.newson6.com/story/13325005/new-trial-date-set-for-el-reno-man-accused-of-killing-girlfriend-4-children?redirected=true

Durcho trial postponed
Submitted by Kim Querry
Wednesday, March 23rd, 2011 9:13 pm



A Canadian County judge has postponed the trial of a man accused of killing his girlfriend and her four children.

Joshua Steven Durcho faces five counts of first-degree murder in the deaths of Summer Rust, 25, and her children Kirsten Rust, 7; Autumn Rust, 7; Teagin Rust, 4, and Evynn Garas, 3.

Their bodies were found in 2009 at their El Reno apartment.

Officials say the judge postponed the trial at the request of Durcho's defense attorneys. The attorneys filed a motion in January that claimed they were unable to prepare a defense by the trial date in May.

A new trial date is still pending.

Prosecutors are seeking the death penalty.

http://elreno.kfor.com/news/crime/durcho-trial-postponed/74212

Updated: 6:18 p.m. Wednesday, March 23, 2011 | Posted: 6:09 p.m. Wednesday, March 23, 2011
Okla judge postpones trial of man in deaths of 5


The Associated Press

EL RENO, Okla. — A Canadian County judge has postponed the May 2 trial of a man accused of killing his girlfriend and her four children.
District Judge Gary Miller on Wednesday continued the trial of Joshua Steven Durcho. Durcho faces five counts of first-degree murder in the deaths of 25-year-old Summer Rust and her children, 7-year-olds Kirsten and Autumn Rust; 4-year-old Teagin Rust and 3-year-old Evynn Garas.

Their bodies were discovered Jan. 12, 2009, at their El Reno apartment. Prosecutors are seeking the death penalty.

Assistant District Attorney Paul Hesse says Miller postponed the trial at the request of Durcho's defense attorneys. The attorneys filed a motion in January that said they were unable to prepare Durcho's defense by the trial date.

Hesse says no new trial date was set.

http://webcache.googleusercontent.com/search?q=cache:DPYE1yV7gMgJ:www.wsbradio.com/news/ap/crime/okla-judge-postpones-trial-of-man-in-deaths-of-5/n7wJ/+Joshua+Steven+Durcho,+El+Reno&cd=121&hl=en&ct=clnk&gl=us&source=www.google.com

01-13-2011 MO 1 DURCHO, JOSHUA STEVEN 6193114 Jan 13 2011 10:43:23:027AM - $ 0.00
VERIFIED MOTION FOR AN ORDER AMENDING THE TRIAL SCHEDULE AND CONTINUING THE DATE FOR JURY TRIAL TO A DOCKET IN THE FALL OF 2011 FILED
Document Available (#1014502755)
--------------------------------------------------------------------------------

03-02-2011 CTFREE - 6265427 Mar 10 2011 2:43:06:670PM - $ 0.00
CRT MIN. (LATE MIN. 1-13-11) THIS MATTER COMES ON FOR HEARING TODAY UPON THE DEFENDANT'S VERIFIED MOTION FOR AN ORDER AMENDING THE TRIAL SCHEDULE AND CONTINUING THE DATE FOR JURY TRIAL. APPEARING AT THIS TIME ARE THE ATTORNEYS FOR MR. DURCHO, JOHN DAVID ECHOLS AND WAYNE WOODYARD. APPEARING ON BEHALF OF THE STATE IS PAUL HESSE. THE COURT DOES HEAR ARGUMENTS OF COUNSEL; FINDS THAT FOR NUMEROUS REASONS THE TRIAL DATE AS SET IS NOT A PRACTICAL TRIAL DATE AND THE COURT AT THIS TIME DOES AMEND THE TRIAL SCHEDULE AND RESETS THIS MATTER FOR TRIAL SEPTEMBER 12, 2011 @ 9 A.M. JUDGE MILLER. --------------------------------------------------------------------------------

03-24-2011 CTFREE - 6291801 Mar 29 2011 1:25:11:393PM - $ 0.00
CRT MIN. (LATE MIN. 3/23/2011) PAUL HESSE APPEARS FOR THE STATE. THE OIDS ATTYS APPEAR WITH THE DEFT. IN FRONT OF JUDGE MILLER. ARGUMENT IS HEARD. THIS CASE IS CONTINUED TO 5/23/2011 @ 1:30PM. FOR A STATUS CONFERENCE TO BE SET FOR CALL DOCKET AND JURY TRIAL AT THAT TIME. JUDGE MILLER (BY MARY HICKS, SEC-BAILIFF)
--------------------------------------------------------------------------------

05-26-2011 CTFREE - 6379278 Jun 1 2011 2:59:26:060PM - $ 0.00
CRT MIN. (LATE MIN. 5/25/11) AT THE DEFTS ATTYS REQUEST, THIS CASE IS CONTINUED FROM MAY 23RD TO MAY 31ST @ 10:30. JUDGE MILLER (BY MARY HICKS, SEC-BAILIFF)

http://www.oscn.net/applications/oscn/GetCaseInformation.asp?submitted=true&viewtype=caseGeneral&casemasterID=227701&db=Canadian

Monday, February 6, 2012 at 9:00 AM
JURY TRIAL (ISSUE)(JTI) Gary E. Miller


http://www.oscn.net/applications/oscn/GetCaseInformation.asp?submitted=true&viewtype=caseGeneral&casemasterID=227701&db=Canadian

Oklahoma ex-convict, accused in five deaths, said he blacked out during fight with girlfriend
Recording of statement played for judge who must determine if jurors can see it at next year's trial.

BY NOLAN CLAY nclay@opubco.com
Published: September 27, 2011


EL RENO — An ex-convict accused of killing his girlfriend and her four children told two OSBI agents he blacked out during a fight with her.

Joshua Steven Durcho, 28, wept for several minutes after agents told him in 2009 that he was charged with five counts of first-degree murder.
“I can't believe they're dead,” he said in a 2009 recording played Monday in a Canadian County courtroom.
District Judge Gary E. Miller watched the recording of Durcho's statements to agents with the Oklahoma State Bureau of Investigation.
The judge also heard testimony from Martin Solorzano, one of the agents who met with Durcho in Texas on Jan. 14, 2009. Durcho was being held in a county jail in Texas after wrecking his girlfriend's car the night before and being examined at a hospital.
At issue is whether jurors can see the recording during Durcho's murder trial next year. The judge will rule after hearing testimony in October from a second OSBI agent.
Prosecutors allege Durcho strangled Summer 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.
After his arrest in Texas, Durcho told the agents early in the meeting that he wanted to see an attorney but then made a few statements anyway.
In the recording, he reacted like he was surprised when he was told he was charged with five counts of first-degree murder.
“Five counts? What are you … talking about?” Durcho said, using profanity. “All I know is that me and … Summer were getting into it. … I blacked out.”
He wept as he spoke, putting his head on his handcuffed hands. Using profanity again, 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.”
Defense attorneys want the judge to rule the statements inadmissible. They suggest the OSBI agents should have left the interview room immediately after Durcho said he wanted an attorney.
“There's nothing to say I can't stay in the room,” Solorzano testified.
Even if the judge bars the recording, prosecutors have other testimony that Durcho admitted attacking his girlfriend. Durcho on Jan. 12, 2009, told an Edmond woman that he choked his girlfriend until she was dead and that he was leaving Oklahoma, according to a court affidavit.
He did not admit to that witness that he killed the children, according to the court affidavit. Instead, he told the witness the children were with a grandmother in Las Vegas, Nev.
Prosecutors are seeking the death penalty.


Read more: http://newsok.com/oklahoma-ex-convict-accused-in-five-deaths-said-he-blacked-out-during-fight-with-girlfriend/article/3607862#ixzz1ZLgnKn9q

http://newsok.com/article/3638285

EL RENO — A judge Friday refused to allow murder defendant Joshua Steven Durcho a separate jury trial on whether he is mentally retarded.
Canadian County District Judge Gary E. Miller, though, agreed defense attorneys can have time to appeal his ruling.



Joshua Durcho is escorted Sept. 26 into a courtroom for a hearing at the Canadian County Courthouse in El Reno.
The defense challenge to the Oklahoma Court of Criminal Appeals means Durcho’s murder trial will be delayed again.

The murder trial was set to begin Feb. 6.

The 28-year-old faces five first-degree murder counts.

Prosecutors are seeking the death penalty.

Defense attorneys say they have evidence Durcho is mentally retarded and — because of that — is ineligible to be executed.

Prosecutors allege Durcho strangled his girlfriend, Summer 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.



Read more: http://newsok.com/article/3638285#ixzz1mea4NJAi

Joshua Durcho Guilty: Oklahoma Man To Serve Five Life Sentences For Murder Of Summer Rust, 4 Kids
By TIM TALLEY 09/14/12 05:03 PM ET AP

An Oklahoma man accused of strangling his ex-girlfriend and her four young children pleaded guilty to five counts of first-degree murder Friday during an emotional hearing, thus avoiding a death sentence.

Joshua Durcho sobbed repeatedly as relatives of the five victims described how the killings have affected them. He was sentenced to five consecutive life prison sentences without parole in a plea agreement with prosecutors, who had planned to seek the death penalty at a trial that was set to begin Monday.

The victims' family members agreed to the plea deal.

"The death penalty wouldn't have made me feel any better than him being locked up forever," said Rhonda Rust, stepmother of Summer Rust, the woman who was killed. "I thank God we didn't have to go through a trial."

Durcho, 29, was charged with first-degree murder for the January 2009 deaths of 25-year-old Summer Rust and her children – 3-year-old Evynn Garas, 4-year-old Teagin Rust and 7-year-old daughters Kirsten and Autumn Rust – in the family's El Reno apartment. Autopsies showed Rust and her children died from "ligature strangulation," meaning they were strangled with something that left marks on their necks.

Prosecutors said Durcho also sexually abused the 7-year-old girls.

Durcho pleaded guilty to each murder count, agreeing with details of the killings that Canadian County District Judge Gary Miller read to him from the plea agreement.

"Yes, sir," Durcho said, after the judge asked if he had choked Summer Rust to death followed by her four children.

http://www.huffingtonpost.com/2012/09/14/joshua-durcho-guilty_n_1884758.html