PARIS — A judge ruled Monday that the bail of a Brownfield man charged in a shooting on Saturday should be lowered, but also ordered that the man cannot return home if he is released.
Keith Brain, 42, third from left, had his bail lowered from $30,000 to $5,000 during his initial appearance in Oxford County Superior Court on Monday.
Justice Robert Clifford lowered 42-year-old Keith Brain's bail from $30,000 to $5,000 during Brain's initial appearance in the Oxford County Superior Court. Brain is charged with elevated aggravated assault following the shooting of his 38-year-old neighbor, James P. Walsh, on Moore Street.
Clifford said he was concerned that the conflict between the two men could flare up again if Brain returned to the area. He said Brain is not to possess any dangerous weapons, have no contact with Walsh and is not to return to the neighborhood. The last condition may be amended at a later date.
The incident has its roots in a domestic dispute involving Walsh and his 33-year-old ex-girlfriend. Walsh was arrested on June 28 on charges of domestic assault, domestic terrorizing, criminal mischief and unauthorized use of a motor vehicle.
According to a report by Deputy Robert Ryder of the Oxford County Sheriff's Office, the woman moved her belongings to a garage at the Brain residence following the domestic incident. Walsh was arrested again on Wednesday, three days before the shooting, and charged with burglary, theft, harassment by telephone and violating conditions of release.
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. The ex-girlfriend called Brain's wife shortly after she left to say that Walsh had called her threatening to burn the garage down.
A judge set Walsh's bail at $250 on Friday and also allowed him to be released on a supervised pretrial contract. Brain's lawyer, Robert Ruffner, said Monday that the family was seeking a protection from abuse order against Walsh and was unable to expedite the process after finding that he would be released.
According to a report by Sgt. Matthew Baker of the Oxford County Sheriff's Office, Walsh said he was returning a car seat belonging to his ex-girlfriend to the Brains' residence on Saturday afternoon. He 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 out of the residence and threatened him with a .357 Magnum handgun after he did so.
Brain's wife said she heard four or five shots during the confrontation. Walsh said Brain shot at him as he was dialing 911. Walsh was shot in the left leg and right elbow. Brain fled into the woods following the incident and was found almost five hours later by members of the Maine State Police Tactical Team.
Brain works as a project management director at FairPoint Communications in Portland. Ruffner asked for $5,000 bail, saying Brain has no violent history and that he was responding to threats made against him and his family.
“The Brains haven't had a problem with Mr. Walsh,” Ruffner said. “Mr. Walsh has had a problem with the world.”
Assistant District Attorney Joe O'Connor said Brain has no criminal history, but that the $30,000 bail was “minimally appropriate.” He argued that the shooting could not be justified as self-defense, and that Walsh's prior actions had been nonviolent.
“The defense is the victim deserves to be shot, in his own driveway as he was dialing 911,” O'Connor said.
A corrections officer at the Oxford County Jail said on Monday afternoon that Brain had made bail.
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Why did the shooter run away?
I'm curious as to why Brain ran away from Walsh after the shooting. If Walsh was doing something to quantify Brain to shoot him, Brain should have just waiting for the police to arrive and make his case, rather than have Maine tactical hunt him down in the woods. By no means is Walsh the victim, but it does seem like a sketchy situation that probably has some undisclosed details. It's a great idea that Brain's wife will need to find a bail bondsman to get Brain out, but have him stay elsewhere because of the possible conflict with Walsh.
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It sounds to me like Brain is the one who needs the protection order.
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Did you not read that the man who was shot had two days before been charged with domestic assuault, terrorizing, criminal mischief and auto theft? Did you not read the person he terrorized, assaulted, whose property he vandalized and whose car he stole, his 33 year old girlfriend moved her posessions into the Brain family's garage for safe keeping moving out of Walsh's house? Did you not read the Walsh broke into Brain's garage twice once commiting actsa of vandalism and theft before being caught the second time was stopped at vandalsim? Did you miss the pRt where Walsh had threatened over the telephone earlier on the day he was shot he was coming to burn the Brain's place down? Did you miss the part where Walsh was on Brain's property AGAIN interferring with his girlfriend's stuff when he was shot? Brain did not set out to Muder Walsh, he was defending his family and property from a violent criminal who had been terorizing the neighborrhood contiuously for days. Brain should have been given a medal not charge with anything. Walsh should be in jail for the protection of the public.
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Did you not read that the man who was shot had two days before been charged with domestic assuault, terrorizing, criminal mischief and auto theft? Did you not read the person he terrorized, assaulted, whose property he vandalized and whose car he stole, his 33 year old girlfriend moved her posessions into the Brain family's garage for safe keeping moving out of Walsh's house? Did you not read the Walsh broke into Brain's garage twice once commiting actsa of vandalism and theft before being caught the second time was stopped at vandalsim? Did you miss the pRt where Walsh had threatened over the telephone earlier on the day he was shot he was coming to burn the Brain's place down? Did you miss the part where Walsh was on Brain's property AGAIN interferring with his girlfriend's stuff when he was shot? Brain did not set out to Muder Walsh, he was defending his family and property from a violent criminal who had been terorizing the neighborrhood contiuously for days. Brain should have been given a medal not charge with anything. Walsh should be in jail for the protection of the public.
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or any DNA correlation.
-- The Brain
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Would you like to respond? Login or create a new account. You'll need to verify your account before you can respond.5k bail is insane! i think
5k bail is insane! i think this sets an example that in maine-trying to murder someone and you can practically get away with it. i'm shocked that bail is so low for this case and other heinous crimes.
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Would you like to respond? Login or create a new account. You'll need to verify your account before you can respond.What is Walsh's Criminal Record
This story says Brain has no criminal history or history of violence. It also says this began with Walsh having been charged with domestic assault, domestic terrorizin, auto theft and criminal mischief against his girlfriend. She moved her stuff into the Brains' garage and moved out of Walsh's. Says Walsh broke into Walsh's more than once and threatened to burn the place down. So besides Walsh's crime spree of the past week, what is his history, could it be a very long history of violent criminal acts? This case stinks. Smells like the Brains' helped the victim of domestic violence to become victoms of the offender and when the deffended themselves are now the ones being treated as the criminals.
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I agree it sounds like they were helping a victim and became victims....pretty sad....and this is why people refuse to get involved and help victims of domestic violence. This is not the kind of message that needs to be sent as it will continue to be a deterrent for folks to help those in need :(
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His middle name must be "Hasno".
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His last name is Brain??
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