HUTCHINSON — One of two men accused of murder for the shooting death of a Hutchinson man will be allowed to present evidence that the shooting on June 26, 2018 was done in self-defense.

Curtis Garcia claims he fired a weapon he had in self-defense which killed Norman Cushionberry. The state wanted that defense denied, claiming that he was engaged in another dangerous felony at the time, trying to make a drug transaction and under state statute should not be allowed to argue self defense. District Judge Tim Chambers ruled that it’s a jury question. Both sides can present their cases and let the jury decide the facts.

Garcia and Tristan Delaney are charged with first degree murder for the killing of Cushinberry.

There was some statements made early in the investigation that Garcia 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. But there is evidence that it was a drug buy gone bad.

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.

The trial for Garcia is scheduled to begin Sept. 17.

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