BELFAST — A Brooks man was sentenced to serve 25 years in prison after pleading guilty to the 2022 murder of James Cluney.

Atilio Delgado, 20, pleaded guilty to knowing and intentional murder in Waldo County Superior Court Aug. 5, bringing an end to a three-year legal process. Delgado first appeared in juvenile court before being bound over to adult court in December. 

In addition to 25 years in prison, Delgado was ordered to pay $4,555.32 to the victim’s compensation fund. 

Prosecutors requested the maximum 40 year sentence based on a number of factors, including that his victim, James Cluney, had taken Delgado into his home prior to the murder. Cluney was 49 at the time of his murder. 

Other factors in their request were that Delgado ran a significant distance toward the home for unclear reasons “purposely plac[ing] himself in close proximity” to Cluney.

Prosecutors also noted that despite Cluney giving no indication he was about to use force against Delgado, Delgado pulled a gun from his waistband before shooting Cluney six times. It is also noted that the wounds left on Cluney show that Delgado was not firing recklessly, and had the intent to kill Cluney. Cluney was murdered in front of his wife and daughter. 

Cluney reportedly did not die immediately, with both his wife and daughter attempting to render aid. According to court documents, Cluney “was in great fear immediately prior to his death,” and “was conscious for some portion” of the event. 

Prosecutors listed two mitigating factors in their sentencing request, noting that Delgado accepted responsibility for his crime, which allowed the case to be adjudicated without a trial, during which the victim’s family would have had to testify. The second mitigating factor for prosecutors was Delgado’s age at the time of the crime. 

“While someone of that age knows the difference between right and wrong, and that murder is the ultimate “wrong,” his youth at the time of his crime cannot be ignored,”according to the document.

In the defendant’s sentencing memorandum, Attorney Jeremy Pratt wrote about “the individual nature and circumstances of Delgado’s life.” In the documents, it is written that Delgado displays true remorse, and other factors indicating a favorable prospect of rehabilitation or a lesser likelihood to re-offend. Delgado reportedly had a disadvantaged childhood, victimization, and a lack of guidance as a juvenile. 

It is noted that Delgado called his victims family while in Long Creek to apologize for what he had done. Delgado reportedly faced abuse from both his biological father, who went to prison for abusing Delgado and his mother, and additional abuse from his stepfather. 

Defense attorneys listed no aggravating factors. 

Delgado is expected to be released in 2050. 

Erica Thoms can be reached at news@penbaypilot.com