PARIS, Maine — A Brownfield man who shot at his neighbor nearly two years ago pleaded guilty to elevated aggravated assault Friday and will serve 60 days in jail.
Keith Brain, 44, fired five shots at his neighbor, James Walsh, hitting him twice in the back of the arm and leg in July 2010. The incident was sparked by a dispute between Walsh and his ex-girlfriend, who lived next door to Brain.
Brain will serve 60 days, starting Nov. 21, and must pay up to $7,500 in restitution for Walsh’s medical bills. He was sentenced to 12 years, with all but 60 days suspended.
According to a police report, Walsh’s ex-girlfriend moved her belongings to a garage at the Brain residence after a domestic incident. Brain’s wife told police that Walsh went into the garage, removed other items and threw several of the woman’s belongings on the ground. Brain’s wife also said that Walsh called her number several times after his ex-girlfriend went to the Brains’ house to help clean the garage.
Brain shot Walsh when he was returning a car seat belonging to his ex-girlfriend to the Brains’ residence on Saturday afternoon, according to a police report. Walsh said he threw the car seat onto the lawn because he thought it wouldn’t be visible at the end of the driveway, and that Brain came outside and threatened him with a .357 Magnum handgun. The men exchanged words and Walsh took off. Brain fired five shots at him.
In November 2010, Walsh pleaded guilty to domestic violence assault and criminal mischief. Charges of domestic violence terrorizing, terrorizing, theft by unauthorized use of property, burglary, theft by unauthorized taking and harassment by telephone were dismissed in exchange for his plea.
Walsh was given a two-year deferred disposition but on May 14 was arrested and charged with violation of protective order, failure to submit to arrest or detention, disorderly conduct, terrorizing and violation of bail condition by Maine State Police.
On Friday, Walsh was transported from Androscoggin County Jail to Oxford County Superior Court, where he told the court he wasn’t looking for a severe sentence for Brain. Walsh described the results of the gunshot wounds, including staph infections.
Walsh said he’d suffered physical and psychological damage as a result of the shooting. He said he and Brain were both caught up in a “web of lies” orchestrated by his ex-girlfriend, Brain’s wife and others.
The defendant said he didn’t hate Walsh. “I wish him the best,” he said.
Brain, who is a product management director at FairPoint Communications in Portland, had no criminal history. Brain’s lawyer, Robert Ruffner, asked for a 60-day sentence starting on Thanksgiving so Brain could use accrued vacation and holiday time to avoid losing his job.
Assistant District Attorney Richard Beauchesne argued for a longer sentence and said it was unacceptable for Brain to settle a neighborhood dispute with a firearm. “A short sentence in this case will unavoidably send the message that neighbor disputes can be solved by a gun,” he said.
Justice Robert Clifford said he saw no risk of Brain re-offending. He sentenced Brain to 12 years with all but 60 days suspended, stayed until Nov. 21 at 5 p.m.
To see more from the Sun Journal, visit sunjournal.com.
Shades of “Beans of Egypt, Maine”? Or the new mini series that started last night on the History Channel- “Hatfields and McCoys”? But that stuff took place at the end of the Civil War, not present day.
He should’ve received more actual time in jail. He wasn’t being threatened with bodily or property harm.
5 shots from a .357 mag……I would say they are both lucky.
What were these guys thinking? 60 days isn’t long enough for this type of offence. I certainly hope this does not happen again. Time will tell.
Are you serious????? 12 years with all but 60 days suspended.I believe we can stop wondering why the state is in the shape it’s in
He must have had good connections to get such a light sentence. Something is definitely wrong with our legal system.
Um, 12 years with all but 60 days suspended ? I mean I know it’s kind of close you know by like … 11 years and 10 months ! Shoot me twice and then get to walk away with nothing I would make damn sure I returned the favor…you know, on account of the fact that you will only get 60 days in jail !
Damn shot at the man five times with a 357 yet only 60 days in jail our criminal justice system here in Maine is a joke. He attempted to kill some one not once but five times hello. It sends a message i can take the law into my own hands and get a slap on the wrist. I think their needs to be a over haul of the criminal justice system here in Maine in any other State he would have gotten years in jail not months.
60 days for attempted murder?
Sounds like a reasonable sentance. If he killed the guy
he would have got 15 years with all but 90 days suspended.
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What a JOKE! Nice to know I can shoot someone&ONLY get 60 days. Hmm. Wonder why the Crime rate is going up? Yea,Maine criminal justice system fails once again *Shaking my head*
Maybe he should get lobster and steak for his thanksgiving meal. Is Judge Clifford for real?
If 60 days is all you get then I can think of a few people that I would like to take me more seriously…
remember folks nothing is as it appears in the paper! Before you judge learning the facts is a good way to go!
The “justice” system in Maine is an absolute joke! How can a man damn near kill someone with a .357 and only get 60 days…did you see the list of charges? MY WORD WHAT IS GOING ON??? THE JUDGE SG+HOULD BE IN JAIL TOO
The list of charges was for Walsh……the one who got shot. Sounds like he may of deserved it and the judge agreed.
luckily for both of them, Mr brain is a bad shot…
12 years reduced to 60 days for shooting your neighbor? What kind of sentence is that? Letting him pick the months and days for him to serve the 60 days? What kind of justice is that? Only in Maine.
I am shure that justice clifford had a lot more information about those two men and the circumstances surrounding this than any of us so lets not be so quick to criticise.
WHAT??? That’s like sentencing Timothy McVeigh to life in prison for blowing up the Federal building and letting him off with time served that he was in the police car on the way to jail.
What was Brain’s defense? Walsh should have ducked? This is just insane.
Sweet! I hate my co-worker!! If i shoot him i can pretty much get off scott free..yay! Wow the justice system sucks!
If you look at all the nasty charges against Walsh, it seems like he got what he asked for. As one poster said– lucky for Brian he did not kill him.
ITS FUNNY HOW THE PAPER LEFT OUT HALF THE STORY HORRAY FOR JUDGE CLIFFORD , THAT MAN WAS ON THEIR PROPERTY AND THREATNED TO BURN DOWN THEIR PLACE MORE THAN ONCE, HOW WOULD YOU FEEL WITH TWO BABIES IN YOUR HOUSE . AND THE BRIANS WERE NOT THE ONLY ONES WITH RESTRAING ORDERS ON WALSH IN THAT NEIGHBORHOOD NOT TO MENTION , WALSHS A FEQUNT FLYER IN JAIL , AND BRAIN HAS NEVER BEEN IN ANY TROUBLE WITH THE LAW. FINALLY A LAW ABIDING FAMILY MAN CAN PROTECT HIS FAMILY AND THE WACKOS DONT WIN FOR ONCE. SHAME ON THE PAPER FOR SUCH POOR REPORTING OF THIS STORY.!!!!!
Shame and boo hoo on this reporter for writing half a story. Mr Brain was not the only one with a restraing order on that street from mr walsh. mr walsh terrorized this family, he was on their property breaking a restraing order, and threatend to burn their property with their kids in the house, and it was not a 357 handgun get your facts straight bangor news . koodos for judge clifford for seeing Mr. Brain is a family trying to protect his family.mr Walsh is a frequent flyer with the police. what is wrong with some people . i supose you would hide in your house and wait for the poilce and hope your children dont burn really come on .!!!!!
SHAME ON THE BANGOR PAPER FOR PRINTING HALF A STORY AND NOT GETTING THE FACTS STRAIGHT. KUDOS TO JUDGE CLIFFORD FOR REALIZING THESE PEOPLE WERE TERRORIZED BY A MAN WHO WAS BREAKING A RESTRAING ORDER AND THREATENED TO BURN THEIR PROPERTY. MR WALSH HAD MORE THAN 1 RESTRAING ORDER ON THAT STREET AGAINST HIM, IT WAS NOT A 357 HAND GUN . HE WAS A FREQUENT FLYER WITH THE POLICE.WITH NO RESPECT FOR THE LAW. MR BRAIN IS A HARD WORKING FAMILY MAN WHO MADE THE MISTAKE A HELPING HIS NEIGHBOR ,WHO WAS GETTING BEATEN UP BY MR WALSH. IF THIS WAS TEXAS THE CASTLE LAW WOULD NEVER BE QUESTIONED, COME ON PEOPLE WOULD YOU WAIT FOR A MAN BREAKING HIS RESTRAING ORDER TO SET YOUR PROPERTY ON FIRE WITH YOUR KIDS IN THE HOUSE .REALLY??