BELFAST — A 20-year-old Brooks man who was charged with murder as a teenager has been sentenced to 25 years in prison.
Atilio Delgado was 16 years old when he shot and killed 49-year-old James Cluney in May 2022 with an illegal “ghost gun.” According to court documents, Cluney had gotten into an argument with Delgado’s brother on the morning of the shooting in Waldo County.
On Tuesday, Delgado pleaded guilty in Waldo County Superior Court to murder. As part of a plea deal with prosecutors, he agreed to a sentence of 25 years in the Maine Department of Corrections. He read a statement in the courtroom, apologizing to Cluney’s family and reflecting on his time in jail.
“I wish I could go back and talk to myself that day. I would tell myself that the situation wasn’t as serious as I thought it was and that I should walk away,” Delgado said. “I’m so sorry. I can never take back what I did, but I promise to make every day better than the last.”
Cluney’s obituary described him as a father of five and a grandfather who loved fishing, hunting and four-wheeling with friends.
Lexi, Kyle and Billi-Jo Cluney — the victim’s daughter, son and wife — stood in front of the judge during Tuesday’s hearing while an attorney read a statement they wrote.
Cluney was an anchor in their house, which he built himself, according to their statement. He worked hard to provide for his family and had taken in Delgado and his brother after they were abandoned by their parents and treated them like his own children, the family said in the statement.
The family asked Superior Court Justice Patrick Larson to impose a longer sentence than 25 years, saying in the statement they’ll have to endure grief for the rest of their lives.
“James’ life was cut short,” Attorney Peter Richard said, reading from the statement. “He’s missed several milestones of his children’s life already. The family home he built for them is crumbling without his presence.”
Delgado’s attorneys, Kendra Potz and Jeremy Pratt, said during the hearing that Delgado took advantage of his time in custody at Long Creek Youth Development Center, Maine’s only youth prison. He finished his high school education and pursued college classes.
After his case moved to adult court in December 2024, Delgado had been in custody at Two Bridges Regional Jail in Wiscassett.
“This time has only solidified that I want to use my life to continue to be a positive influence,” Delgado said in his statement to the court. He added he “will continue therapy and education in prison so nothing like this will ever happen again.”
Pratt said Delgado chose to enter the guilty plea to take responsibility for his actions.
Both defense attorneys declined to comment after the hearing.
THE SHOOTING
During the hearing, Assistant Attorney General Kate Bozeman said that on the day of the shooting Delgado had returned from a hunting trip with a friend to Cluney’s home in Brooks when he heard a commotion inside and ran to the front door.
According to Justice Larson, Cluney answered the door and told Delgado he “cuffed” his brother during an argument.
While in the doorway, Delgado leveled his handgun at Cluney, fired six shots and then ran into the woods and called 911, while Billi-Jo Cluney tried to give her husband CPR, Larson said during the hearing.
“There was nothing indicating that Mr. Delgado’s actions were in self-defense,” Larson said. “It was just anger. It’s puzzling as to where the anger came from.”
Larson said that not only is Cluney’s family “left without their father, their husband, their partner, but their home is forever marred by this incident that occurred.”
PROSECUTED AS AN ADULT
In an April 2024 order, District Court Judge Charles Dow wrote that he was concerned for public safety if Delgado was tried as a juvenile.
Maine law states that anyone under the age of 18 who is accused of committing a crime is considered a juvenile. Juveniles can only be sent to Long Creek if they are older than 12 years old and must be released when they turn 21. For more serious crimes, like murder, prosecutors may file a motion to “bind-over” their case to adult court.
Dow wrote in the order that Delgado’s past exposure to violence and abuse may have contributed to his decision to shoot Cluney — a man who offered the teenager shelter and stability prior to his death.
When arguing to keep the case in juvenile court, Delgado’s attorneys described the shooting as “impulsive, reactive, unintentional and the result of a complex PTSD response.” They said Delgado was triggered by Cluney’s bouts of anger and started carrying the P80 handgun he had assembled with YouTube videos and parts he bought online.
In December of 2024, the Maine Supreme Judicial Court agreed with Dow and prosecutors, and moved Delgado’s case to adult court, saying that it would be unsafe and “diminish the gravity of the charged offense” to charge him as a juvenile.
Delgado had appealed the Waldo County court’s decision to try him as an adult to the state’s highest court, but his appeal was rejected.
