HUTCHINSON — One of two men accused of murder for the shooting death of a Hutchinson man on June 26, 2018, now wants the charge against him dismissed.

The Wichita attorney for Curtis Garcia claimed her client believed he and his children were in danger when the shooting occurred because of the actions of the victim, Norman Cushinberry, and the co-defendant, Tristan Delaney. She claimed in the motion that the victim and Delaney brandished and threatened Garcia with firearms with his children present and that he fired to defend himself. The defense contends the charge should be dismissed as a matter of law.

Garcia and Delaney are accused of killing of Cushinberry. He had multiple gunshot wounds and his leg might have been run over with a pickup.

Garcia reportedly came to the home in the 500 block of Washington to sell an Xbox and accessories. When he arrived, the victim allegedly pulled a handgun and Delaney came at the vehicle with a rifle or shotgun.

Police found Cushinberry in the street suffering from gunshot wounds to his upper chest, on his side around the rib cage, and around his upper arm. Efforts to revive him were unsuccessful.

A Reno County District Court judge had scheduled a meeting to hear some motions in the case, but that was continued after the state learned the defense had filed the motion to dismiss and wanted time to respond. A new date was set for August to hear all the motions filed in the case. The trial was rescheduled to Sept. 17.

Because of the dispute between the two suspects, Delaney is being tried separately.

HUTCHINSON – BowerComm, a branding and marketing consultancy based in Hutchinson has announced the hiring of two new staff members.

Erin Swearer has been hired as project and operations manager. She has worked in human resources and payroll and has held a variety of positions at law firms prior to joining the BowerComm team. She is a graduate of Emporia State University, where she majored in English and minored in business.

She will be in charge of organizing and data management.

Kim Baldwin has been hired as an account director beginning in August 2019. She previously worked in public education and as a freelance communications specialist/consultant while working with a variety of groups within the education and agriculture sectors.

She and her husband, Adam, along with their two children, reside in McPherson County where they own and operate a diversified farming operation.

She is a graduate of New Mexico State University and William Woods University.

HUTCHINSON, Kan. — The defense for a 35-year-old Nickerson man arrested in a March stabbing case now wants one charge dismissed.

Taylor Stuart is accused of one count of attempted second-degree murder and one count of aggravated assault. He’s suspected of stabbing 31-year-old Daniel Rivera II at a Hutchinson residence on March 27.

Rivera suffered nine stab wounds to the head and neck and was transported to a Wichita hospital for treatment. Rivera’s ear was severed. Doctors reattached his ear with stitches.

Rivera testified he was working on a sewing machine that he had given Tyler Patterson when he felt a flash, then pain and fell to the floor. He saw Stuart standing above him with a knife.

Patterson ran out of the apartment at 8th and Adams when Stuart started to move toward her while holding the knife.

She never testified at the preliminary hearing, but Reno County District Judge Joe McCarville found probable cause to bind him over on the aggravated assault charge anyway. The defense wants that charge dismissed.

Numerous drug paraphernalia items were found in the residence including two scales, numerous pipes and bongs, as well as a used syringe.

Reno County District Judge Tim Chambers has scheduled a hearing on that motion for Wednesday morning.

The trial is scheduled to begin July 16.

HUTCHINSON, Kan. — The cruelty to animal charge and a burglary count were dropped by the state against a Hutchinson man Monday because the witness in the case didn’t show up for court. However, the state reserved the right to refile the charges against Gabriel Sanchez Jr. at a later time.

In this case, he allegedly grabbed a puppy by its neck and threw it in the air. The puppy died from the ordeal. Sanchez is also accused of breaking into a home in the 700 block of East 1st. Both of these crimes occurred on March 30.

Sanchez did enter guilty pleas for flee and elude and theft for a case back in April while two other charges were dropped.

Sanchez was spotted at the Texas T-Bone Steakhouse on East 11th. Officers tried to stop him, but Sanchez fled at a high rate of speed. He finally stopped near 6th and Cleveland. Sanchez entered a home — that was not his own — and hid in the bathroom.

Police got permission to enter the home. Sanchez finally came out of the bathroom and was arrested. The occupants confirmed Sanchez did not live there.

Both sides will recommend community corrections for this case when sentencing occurs on Aug. 16.

HUTCHINSON, Kan. — After a long career as a Wichita-based journalist, Tim Potter has been named a regional public affairs manager for the Kansas Department of Transportation.

Potter is based in the Hutchinson office of KDOT’s District Five, which spans 18 south-central Kansas counties: Barber, Barton, Butler, Comanche, Cowley, Edwards, Harper, Harvey, Kingman, Kiowa, Pawnee, Pratt, Reno, Rice, Rush, Sedgwick, Stafford and Sumner.

For the past 22 years working as a staff writer for The Wichita Eagle, Potter reported on a variety of public safety issues, including traffic safety. “It’s fitting for me to work for KDOT because safety is a huge part of its mission,” he said.

His job now entails writing about KDOT’s District Five operations and employees. He interacts with the public and KDOT’s partners. A key part of his focus is getting useful and timely information to motorists to help make their travel smooth and safe.

Potter grew up in Kansas City, Missouri. He received a bachelor’s degree in journalism from the University of Missouri-Columbia.