Victims' Family Frustrated At Seventh Trial Delay

More than three years after the brutal murders of a mother and her four small children, the man police say killed her has yet to be brought to justice.

The trial for Joshua Durcho was scheduled to begin in February but was delayed again for at least the seventh time. Those delays have the victim's family extremely frustrated.

The trial is on hold right now as attorneys wait for a judgment from the Oklahoma Court of Criminal appeals on whether a judge or jury can rule Durcho is mentally retarded.

If Durcho is determined to be mentally retarded, prosecutors cannot seek the death penalty.

But Summer Rust's family says they don't even care about that; they just want this over with.

It was a blustery January day in 2009 when Rust and her four children were found strangled. Sources close to the investigation say the bodies were stacked up in a bathtub full of water.

Days later police, arrested Joshua Durcho but he has yet to go to trial.

"It's turned into a game in my opinion," Susan Rust, Summer's mother, said.

Rust says she has lost count of the times Durcho was set to go to trial.

"My business is my daughter.  She cannot rest until this is handled and done with. And I don't mean with death penalties; having 20 years of appeals until we are all dead and don't even know that it happened. I mean, it's just stupid to me."

Read more about the murders and case against Joshua Durcho

Rust believes most of the delays are the result of prosecutors trying to get the death penalty against the family's wishes.

"That's not going to do anything for our family; to have his head on a stick, it's not going to change anything."

In fact, Rust would prefer if there wasn't even a trial.

"Let's be done with it. I don't think it needs to be a circus or a side show. It's already been way too much."

Susan tells News 9 she believes prosecutors may be able to work a plea deal with Durcho if they wouldn't go for the death penalty.