HUTCHINSON, Kan. —One of two men convicted of reckless second-degree murder in the death a Hutchinson man during a drug sale was sentenced Friday to just under 11-years in prison.


Curtis Garcia, 26, entered a plea in the case as part of an agreement with the state. He was originally charged with felony murder for the killing of 18-year-old Norman Cushinberry.
The crime involves 18-year-old defendant in the case Tristan Delaney and Cushinberry purchasing drugs. According to court testimony, Delaney and Garcia had been texting the day of the shooting about the purchase of around a quarter pound of marijuana.
There is also some indication over phony money being involved. Garcia, who had his children in his pickup during the transaction, claims he was there to sell an Xbox and not drugs. The victim tried to pay for the marijuana with counterfeit money, so Garcia left.
Delaney then texted Garcia to come back because they would have real money. Once Garcia arrived a second time, the victim allegedly got into Garcia’s pickup. He then asked him to turn the truck off. Once Garcia complied, Cushinberry pulled a 9 mm Ruger semi-automatic handgun.
Delaney came from the porch with a 12-gauge shotgun. Garcia grabbed a handgun he had in the pickup and fired at Delaney, striking him. An altercation then occurred in the pickup and Cushinberry was shot. Garcia then went to the passenger side of the truck, pulled the victim out and left him in the street where he died.
Delaney, who also entered a plea to the same charge in this case, will be sentenced Nov. 1.