HUTCHINSON —One of two men convicted in the death a Hutchinson man during a drug sale was sentenced to four year in prison Friday.


Similar to his co-defendant Curtis Garcia, Tristan Delaney entered a plea to a second-degree murder charge after originally being charged with felony murder for the killing of Norman Cushinberry.
The crime involves Delaney, 18 at the time of the crime 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.
During the sentencing Friday, the victims sister noted that they still love Delaney. Delaney apologized to the family and asked for forgiveness.
Delaney who has been incarcerated for 15 months will get credit for time served as well as any good time in prison meaning he could be out much sooner than four years. Garcia who actually fired the fatal shots, was sentenced in October just over 11 years in prison.