Joshua Steven Durcho, 28, who could face the death penalty if convicted, is to go on trial next year on charges of killing his girlfriend, Summer Rust, and her four young children. During a hearing Monday, District Judge Gary Miller watched the recording of a crying Durcho telling two agents with the Oklahoma State Bureau of Investigation he could remember arguing with Rust and putting his hands around her neck but nothing that followed, The Oklahoman reported.
The bodies were found in Rust's apartment in El Reno, Okla., in January 2009.
When the agents told him he was charged with five counts of murder, he responded, "What do you mean, five counts?"
Durcho was arrested in Texas after crashing his girlfriend's car. He said he could remember nothing between the fight with Rust and waking up in a hospital in Texas.
Defense lawyers say the agents should have left the interview room after Durcho testified he wanted a lawyer. Agent Martin Solorzano said the rules allowed them to remain in the room.
The judge is expected to rule after hearing more testimony in October.