HUTCHINSON, Kan. — One of the men wounded during a gunfight in Hutchinson was back before a judge Tuesday.

Tristan Delaney, 18, is now charged with two alternate counts of first-degree murder. In the complaint, the state says the crime occurred in the commission of another felony. However, there are two theories of the crime. One theory is for distribution of drugs and the other is for attempted aggravated robbery. He can be convicted of one of the charges, but not both.

Delaney and 26-year-old Curtis Garcia are charged in association with the shooting death of 18-year-old Norman Cushinberry.

Just before 6:30 p.m. on June 26, police were called to the 500 block of North Washington in Hutchinson on the report of a shooting and found Cushinberry in the street. Efforts to revive him were unsuccessful.

Delaney, was wounded  in the face and the abdomen and taken to Hutchinson Regional Medical Center. He was then flown to Wesley Medical Center.

Statements in court indicate the shootings may have been over the possible sale of marijuana, as well as the use of fake money.

Security camera images show Delaney approaching Garcia’s vehicle. Cushinberry was a passenger in the vehicle. He was shot and his body was pulled from the truck after a struggle inside.

Police found a shotgun near Cushinberry. They also found some .380-caliber shells at the scene and during a search of Garcia’s home. Officers say they also found a .380 caliber handgun and a  a 9 mm handgun at the home.

Garcia claimed the shooting was in self-defense.

Both men remain jailed with $500,000 bonds.