Walsh avoids jail time in Brownfield neighbor feud
11/9/2010
PARIS — A Brownfield man who was shot by his next-door neighbor in July won't receive jail time as part of a deal with the District Attorney's office.
James Walsh, 38, had six charges dismissed Monday after pleading guilty to domestic violence assault and criminal mischief. Walsh was also facing charges of domestic violence, terrorizing, theft by unauthorized use of property, burglary, theft by unauthorized taking and harassment by telephone.
In exchange for pleading guilty, Walsh was granted a two-year deferred disposition on his remaining charges, meaning that if he doesn't violate certain conditions and doesn't break the law, his sentencing will be deferred until November 2012. If Walsh sticks to the terms set by the court for two years, the state will recommend a lenient sentence and the criminal mischief charge will be dismissed.
In the terms of Walsh's deferment, Walsh was ordered to undergo anger management therapy and have no contact with his next-door neighbors, Keith and Judy Brain, or his ex-girlfriend, Sarah Clancy.
Judy Brain, whose husband faces elevated aggravated assault and attempted murder charges for shooting Walsh, made a statement to the judge in which she asked for leniency for her husband and expressed fear that Walsh might retaliate against her family.
Walsh said past allegations that he violated his parole and contacted the Brain family were false. He said he was afraid the Brain family could derail his deferral. Justice Robert Clifford assured Walsh that there would be a chance to prove his innocence should a claim of contact be made.
After the trial, Walsh's attorney, Michael Whipple, said Mrs. Brain's comparing Walsh's crimes with Keith Brain's was outrageous. “We're now turning our energy toward prosecution of Keith Brain,” Whipple said.
The charges stemmed from incidents in June and July that began with a fight between Walsh and Clancy. On June 28, Walsh was arrested and charged with domestic violence assault and terrorizing, and Clancy, who had been living with Walsh, moved her belongings into the garage of Keith and Judy Brain.
On July 7, Walsh went to the garage, he said, to retrieve possessions that Clancy had taken from him. Judy Brain said Walsh threw Clancy's things on the ground, and that when Clancy came to help clean them up, Walsh called and made threats over the phone.
Three days later, the feud erupted in violence. Walsh went next door to throw his ex-girlfriend's car seat on the Brains' lawn. Walsh said he was returning the seat and threw it because he thought it wouldn't be visible at the end of the driveway. Walsh alleges that Keith Brain brought a .357 magnum handgun outside and fired at Walsh as he ran back home and dialed 911 on his cell phone.
Walsh was hit in his left leg and right elbow. Brain ran into the woods and was arrested five hours later by the Maine State Police. He was arraigned and faces charges for attempted murder and elevated aggravated assault.
