PARIS — A Brownfield man seeking compensation for pain and suffering from a 2010 shooting at his residence on Moore Road was told by a judge in Oxford County Superior Court on Tuesday that his behavior could lead to a mistrial.

A civil trial in the matter of James Walsh v. Keith Brain began this week. Walsh, who cited five years of negative consequences with police and the court system starting with the 2010 incident, became emotional on the witness stand, despite Active-Retired Justice Clifford’s repeated warnings to remain calm while answering questions.

Clifford recessed the trial to allow the Walsh time to consider the situation, but when court reconvened, Walsh was still disruptive. Clifford cautioned Walsh that his continued behavior and unwillingness to adhere to court rules could lead to a mistrial. He recessed court one more time, and upon his return, Walsh apologized and agreed to continue according to instructions.

In late June 2010, a disturbance between Walsh and his ex-girlfriend, who were living together, lead to Walsh being arrested and jailed. While he was in jail, his girlfriend, apparently with the assistance of the couple’s neighbors, the Brains, returned to Walsh’s home and took items to the Brains’ garage.

Walsh returned home a couple of days later to find the bottom floor of his home completely empty, right down to the toothpaste and toilet paper roll, he testified Monday.

Tensions among Walsh, his ex-girlfriend and the Brains continued to mount and on July 10, Walsh testified, he threw a child’s car seat belonging to his ex-girlfriend onto the Brains’ driveway. Keith Brain came outside, Walsh said, and chased him onto Walsh’s property, wielding a gun and yelling at him.

Walsh testified that Brain shot him as he was running away and dialing 911, firing several rounds and wounding him in the left leg and right arm.

Walsh found his way to another neighbor’s home, where police arrived and, according to previously published reports, used K-9 units to track Brain, who had run into the woods to evade capture. Brain surrendered to police. An ambulance transported Walsh to Bridgton Hospital, where he was treated for his injuries.

Walsh’s medical records show that, in addition to his physical injuries, he suffered mental trauma because of the incident. Doctors diagnosed him with post-traumatic stress disorder, according to court testimony.

Witnesses on Tuesday testified that Walsh has not been the same since the shooting. Walsh’s older sister, Dorothy, said her brother used to enjoy spontaneous activity and was always ready to have fun with the family, often hiking and going on motorcycle trips with her and her friends. Since the shooting, she said, he has been less inclined to participate, and when he has, it has taken quite an effort on her part to motivate him.

Nubian Duncan, the Realtor who sold Walsh his home on Moore Road about 20 years ago and who was his roommate for about a year several years prior to the 2010 incident, said his friend used to be outgoing and friendly, describing him as “the life of the party,” but the shooting had changed him.  

“He hasn’t been the same,” Duncan said. “He’s been distraught and more wound up, and I don’t think he’s been able to function. He was a very capable mechanic and builder and to the best of my knowledge, he hasn’t been able to pursue full-time employment in those means like he did when I knew him.”

In 2012, Brain pleaded guilty to two counts of elevated aggravated assault and was sentenced to 12 years with all but 60 days suspended.

Since the 2010 incident, Walsh has spent approximately 380 days in jail in Maine, New Hampshire and Massachusetts on charges related to the domestic incident, violations of protection orders and violations of probation, among others. He has been unable to return to his home on Moore Road and has had difficulty finding employment. Walsh’s sister said her brother has basically been homeless since the incident, living at her parents’ home off and on and unable to maintain the business he ran out of his home before.

The trial continues Wednesday with Walsh expected to take the stand for cross-examination.

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