16-year-old charged with murder in Waldo County fatal shooting

A 16-year-old boy has been charged in Friday’s deadly shooting in Waldo County.

The suspect was identified Tuesday as Atilio Delgado, of Brooks. According to police records, Delgado will turn 17 on Sunday. He has been charged with knowing and intentional murder.

The Waldo County Sheriff’s Office has said deputies responded to a disturbance on Littlefield Road in Brooks shortly after 9 a.m. Friday and found the victim, 49-year-old James Cluney, fatally shot. They requested the assistance of the Maine State Police Major Crimes Unit.

Officials have released few other details about the case. According to state law, juvenile cases are closed to the public unless the crime is murder, manslaughter or a Class A offense, the juvenile was at least 13 years old at the time of the crime, and the court determines there is probable cause to believe the juvenile committed the crime.

State Police Detective Nicholas Gleeson arrested Delgado shortly after Friday’s shooting, and he was transported to Long Creek Youth Development Center in South Portland, officials said.

Court documents list Delgado’s mother as Heather Dunphy, and his father as Pedro Delgado. Atilio Delgado’s residence is listed as 1108 Littlefield Road in Brooks. A search on the Waldo County Registry of Deeds shows that Cluney, the victim, owns the home at 1108 Littlefield Road.

Maine State Police spokesperson Shannon Moss said Tuesday that the Office of the Chief Medical Examiner has officially ruled the case a homicide.

Delgado had his first court appearance Monday, and District Judge Eric Walker ordered him held. Delgado is represented by Rockland attorney David Zirschky and Thomaston attorney Kendra Potz.

Delgado entered a denial of the charge in court Monday.

“We are talking about a child here, a child that’s charged with some serious conduct,” Zirschky said. “We are going to be working through the process of the juvenile law to fulfill the purposes of the juvenile code, which really boils down to taking steps to create healthy kids. I think in the meantime we should respect the privacy of the families involved and try to give the case some space because it’s just a sad thing.”

The state has filed a motion to try Delgado as an adult, which would move the case from juvenile court to criminal court. The motion is subject to a “bind-over” hearing in which the court considers the seriousness of the offense, the results of various evaluations, and whether the juvenile system can provide needed services for the defendant. That hearing will not be scheduled until the evaluations are complete.

For now, the case is still considered a juvenile matter and is subject to a level of confidentiality. Zirschky said he will be preserving that confidentiality.

“All I can tell you really is that he’s a sweet kid,” he said.