The juvenile charged with murder following a fatal shooting last week has been identified as a 16-year-old from Brooks.
Atilio Delgado, who will turn 17 on Sunday, is facing one charge of intentional or knowing murder, according to court documents filed in Waldo County Court. Delgado is accused of killing James Cluney, 49, of Brooks on Friday morning.
Delgado and Cluney knew each other, but police have not specified how. Cluney has been identified by police as the owner of the residence at 1108 Littlefield Road in Brooks, where the shooting occured. The residence was also listed as Delgado’s address on court documents.
Delgado made his initial court appearance Monday in Waldo County Court for a detention hearing. The proceedings were not open to the public, so it’s unclear what happened during the hearing. A judge has ordered Delgado be held at the Long Creek Youth Development Center, according to court documents.
An autopsy of Cluney was conducted over the weekend, and the Office of the Chief Medical Examiner has officially ruled the death a homicide, according to Maine State Police spokesperson Shannon Moss.
It’s unclear how many times or where Cluney was shot. The cause of death is being withheld at this time, per the Maine Attorney General’s Office, and no further information is being released, according to the medical examiner’s office.
Delgado is being represented by attorneys David Zirschky and Kendra Potz.
The state is seeking to try Delgado as an adult and has filed a motion to hold a bind-over hearing, according to Zirschky. In juvenile court, a bind-over hearing is held to determine whether a juvenile defendant should be tried as an adult in criminal court and face the same penalties an adult would.
At the hearing, the judge would consider testimony as to the seriousness of the offense, results of psychological evaluations and whether the juvenile system can provide the necessary services to the minor being charged, according to the State of Maine Judicial Branch website.
The hearing will not be held until the evaluations are complete, Zirschky said
Zirschky said he does not think it would be appropriate for Delgado to be tried as an adult.
“On the question of whether or not it’s appropriate to try him as an adult, the answer is a firm no and the reason it’s a firm no is because we’re dealing with a child. A child who has been charged with some serious conduct. The purpose of the juvenile code is to produce healthy children and that’s what we all hope comes out of this process,” Zirschky said.