BELFAST — A Brooks teen accused of the murder was indicted by a Waldo County grand jury during the court's Jan. 23-24 convening. 

Atilio Delgado, now 19, was indicted on a single count of murder for the May 6, 2022 shooting death of James Cluney, 49.

Delgado's case had previously come before the juvenile court system; however, the judge in the case chose to wait until Delgado reached adulthood so that he could be tried in adult court.

Delgado filed an appeal following Waldo County Judge Charles Dow's decision to try Delgado as an adult, arguing a trial in adult court as inappropriate.  Attorneys for Delgado claimed the decision to bind over the case was a punishment for Delgado choosing to exercise his fifth amendment rights. 

According to the Maine Legislature, a bind-over hearing means a hearing at which the Juvenile Court determines whether to permit the State to proceed against a juvenile as if the juvenile were an adult.

The request was submitted Nov. 25 for review by the Maine Supreme Judicial Court and was denied Dec. 3. 

The Supreme Court wrote:  

“Contrary to Delgado’s contentions, (1) because a bind-over order does not itself imposed any punishment, the court did not punish Delgado for his exercise of his Fifth Amendment right against self-incrimination by considering his lack of candor with a juvenile community corrections officer,” and,

“(2) the court’s findings are fully supported by competent evidence in the record, whether through direct evidence or reasonable inference.

"(3) Those findings do not compel a conclusion that Delgado proved the inappropriateness of prosecuting him as an adult." 

Delgado is expected to make his initial appearance in adult court at 11 a.m. Feb. 4. 

If convicted, Delgado will face a sentence of 25 years to life imprisonment.

Had Delgado been tried in criminal court, he would have been released no later than his 21st birthday.

Erica Thoms can be reached at news@penbaypilot.com