Teen appeals decision to try him as adult in Waldo County slaying

A Waldo County teen accused of killing a man two years ago wants the state’s high court to decide whether he is tried as an adult or juvenile.

Atilio Delgado, now 18, has been charged with murder in the shooting death of 49-year-old James Cluney of Brooks.

In April, Waldo County Judge Charles Dow moved Delgado’s case to the adult court system, citing his concerns about public safety and the juvenile system’s ability to prevent him from reoffending after he turns 21, the Portland Press Herald reported .

He has appealed that decision to the Maine Supreme Judicial Court.

Delgado’s attorneys, David Zirschky and Kendra Potz, don’t deny that Delgado, who was 16 at the time of the killing, pulled the trigger, but that their client’s action was a “impulsive” act stemming from the post-traumatic stress related to the abuse his suffered as a young child at the hands of his parents, according to the Press Herald. That included his father forcing a 4-year-old Delgado to fight his brother .

Cluney and his wife took in Delgado and his brother about three years before the shooting.

Delgado was allegedly triggered by Cluney’s bouts of anger and the boy’s fears of abuse from older men. That prompted him to build a “ghost gun,” a P80 handgun made from parts Delgado bought online using prepaid cards, which his attorneys said was for protection, according to the Press Herald.

The shooting on May 6, 2022, was spurred by a “misunderstanding” between Cluney and his daughter, which sparked an argument with Delgado’s brother. During that argument, Cluney allegedly hit Delgado’s brother twice with an open hand, the Press Herald reported.

Delgado rushed toward the Littlefield Road home as Cluney emerged on the porch. Delgado allegedly pulled out the P80 and shot Cluney six times before rushing into the woods, where he called 911, according to the Press Herald.

He was just days away from turning 17 when he was arrested and charged.

But prosecutors argue that there’s “no evidence” justifying claims of self-defense and further Cluney never used deadly force. Rather, they contend that Delgado was motivated by “anger and rage,” the Press Herald reported.

If tried and convicted as an adult, Delgado faces 25 years to life in prison, according to the newspaper.

There’s no timeline for the Supreme Judicial Court to rule on the appeal.