Durcho in court, mental capacity at issue

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

EL RENO, Okla. -- A non-jury trial is set to begin for Joshua Durcho Wednesday in Canadian County Court.

Durcho is charged in the violent murders of his girlfriend and her four young children.

Court proceedings will focus on his mental competency.

The outcome of this week's hearing will determine whether prosecutors can seek the death penalty in the 2009 murder cases.

Oklahoma law prohibits death sentences if a defendant meets the state definition of mental retardation.

Notice: you are using an outdated browser. Microsoft does not recommend using IE as your default browser. Some features on this website, like video and images, might not work properly. For the best experience, please upgrade your browser.