The Comanche County District Attorney’s office has filed its response to a plea for post-conviction relief for a man convicted of the 2014 killing of his teen brother and father.
Thorsten Gunter Rushing, 25, filed for post-conviction relief in April in the Comanche County District Court.
Rushing, now housed at Lexington Correctional Center where he is serving consecutive life without parole sentences for two counts of first-degree murder, as well as a 10-year sentence for conspiracy.
After appealing his case to the Oklahoma Court of Criminal Appeals, the court upheld Rushings’ conviction in January 2019.
In his April filing, Rushing argued that the initial appeal failed to address several issues, including the use of coerced testimony and the presentation of overly graphic images to the jury.
In First Assistant District Attorney Kyle Cabelka’s response filed Friday, it is argued that Rushings’ claims are “without merit.” He waived three claims contained in his application by failing to raise them on direct appeal or in his previous pleadings and, according to Cabelka, failed to meet his burden to show ineffective assistance of appellate counsel.
Cabelka’s filing conclusion claims that Rushing has the burden to prove that he’s entitled to relief and that he “failed to show that his claims merit any post-conviction relief.”
Rushing was convicted by a Comanche County jury in August 2016 of killing his father, Uwe, and 14-year-old brother, Stefan. District Judge Gerald Neuwirth sentenced him to the jury’s recommended sentences.
Rushing, who was 18 at the time of the crime, was charged with shooting to death his father and brother at their home at 1116 NW Columbia on Jan. 20, 2014. Prosecutors said he recruited four high school friends as accomplices in the murder plot and that an abortive attempt was made on the father days before the killings. All the accomplices have pleaded guilty to their parts in the plot and been sentenced to prison.
Written by Scott Rains: email@example.com.