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.