HUTCHINSON, Kan. — A Hutchinson man convicted of reckless second-degree murder in 2018 will be back in a Reno County courtroom Friday for resentencing.
Tristan Delaney entered a plea to a second-degree murder charge after originally being charged with felony murder for the killing of Norman Cushinberry. He was sentenced to four years in prison. The state appealed the sentence and the Kansas Court of Appeals remanded the case back to district court for resentencing.
The Court of Appeals stated that Judge Trish Rose didn’t provide specific reasons for departing from state sentencing guidelines.
The shooting happened in the 500 block of Washington when Curtis Garcia went to sell a quarter pound of marijuana. When he arrived, Cushinberry tried to pay him with six counterfeit $100 bills, so Garcia left. He later came back after a text from Delaney and that’s when the shooting occurred. Delaney was wounded during that incident and nearly died.
Garcia, who did the actual shooting, was sentenced to 11 years in prison.
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