EL RENO, Okla. -- An El Reno man accused of killing his girlfriend and four young kids fights to avoid the death penalty.
A non-jury trial continued Wednesday in Canadian County for Joshua Durcho.
Durcho faces five counts of murder for the killings in early 2009.
Prosecutors are seeking the death penalty in the case but Oklahoma law prohibits the death sentence from being imposed for mentally retarded suspects.
Two separate tests reported Durcho's IQ to be 72, above the state standard for mental retardation of 70.
Still, the defense argues that Durcho's score falls within a margin for error of the state guidelines.
The father of one of the victims hopes prosecutors are allowed to seek the death penalty.
"I'd prefer he gets the death penalty. He was there when he took Summer and the kid's lives. I'm gonna be there when they take his," Jason Garas said.
So far the judge has not decided on Durcho's mental status.
Durcho is still scheduled to go to trial on the murder charges in September.