HUTCHINSON, Kan. — One of the two men convicted of reckless second-degree murder for the shooting death of a Hutchinson man was sentenced Friday to just under 11 years in prison.

Curtis Garcia entered a plea in the case as part of an agreement with the state. He was originally 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 counterfeit money, so Garcia left.

Another person involved in the case 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. Tristan Delaney came from the porch with a 12-gauge shotgun. Garcia grabbed a .380 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.

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.

During sentencing, the defense asked for a durational departure to five years and five months, while the state wanted the aggravated number of 138 months.

Garcia told the court he wished he could go back and take it all back. He apologized to the family. A member of the Cushinberry family told the court that Garcia left the victim there to die and claims he ran over the victim, breaking both legs.

Judge Tim Chambers said he couldn’t find any substantial or compelling reasons to depart and sentenced Garcia to just under 11 years. He noted that Garcia was selling marijuana with his children in the vehicle.

Delaney, who also entered a plea to the same charge in this case, will be sentenced Nov. 1.