HUTCHINSON, Kan. — One of the two men convicted of reckless second-degree murder for the shooting death of a Hutchinson man was sentenced to four years in prison Friday afternoon.

Like the co-defendant, Curtis Garcia, Tristan Delaney entered a plea to second degree murder charge after originally being charged with felony murder for the killing of Norman Cushinberry.

Some statements from Garcia early in the investigation stated that he came to the home in the 500 block of Washington to sell an Xbox and accessories but in fact, it was to sell a quarter pound of marijuana. When he arrived, the victim tried to pay him with six counterfeit 100 dollar 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.

Reno County District Judge Trish Rose went along with the defense request for a departure. The defense argued that he had a chance to fire and he chose not to. The state believes this was an attempt to rob Garcia.

The victims sister noted that they still love Delaney while Delaney when he was able to speak, apologized to the family and asked for forgiveness.

Judge Rose taking into account the circumstances of the case agreed to depart over the state’s objection who believes Delaney to be dangerous.

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 by Judge Tim Chambers and received over 11 years in prison.