PARIS — After deliberating for four hours, an Oxford County Superior Court jury Friday awarded James Walsh, 43, formerly of Brownfield $250,000 for physical and mental injuries after being shot by his neighbor in 2010.

The jury also ordered the neighbor, Keith Brain, to pay Walsh’s medical expenses and lost wages.

“I think the verdict was fair,” Walsh’s attorney, Thaddeus Day said. “We’re happy with it. I’m sure Jim Walsh will be happy with it when I let him know.”

Walsh was on his way to see his parents in Massachusetts when the verdict was read, ending five days of testimony in the civil trial.

Day asked the jury to consider compensating Walsh for medical bills, loss of income and pain and suffering. The jury also had to consider whether there was malice behind the shooting, at which point punitive damages would be added.

“This is the time for Keith Brain to take responsibility,” Day said in closing arguments. “These are the charges of someone who’s been having trouble with the justice system listening to him. We need the justice system to listen to him now.”

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The jury returned to the courtroom to ask for clarification on the definition of malice and deliberated another hour before returning with a finding that Brain acted negligently, assaulted Walsh and intentionally or recklessly inflicted emotional stress on him. They did not find Brain had done so with malice.

Brain was convicted of elevated aggravated assault in 2012 and sentenced to 12 years in prison with all but 60 days suspended. He was also ordered to pay $7,000 restitution, according to court documents.

The shooting resulted from a dispute between Walsh and his then-girlfriend, Sarah Clancy, who broke off their relationship after Walsh assaulted her June 29, 2010, according to testimony. Walsh found text messages on Clancy’s phone that led him to believe she was cheating on him, according to testimony.

Walsh was convicted of domestic assault.

Clancy testified she obtained a protection from abuse order against him. She, with the help of Keith and Judy Brain, also moved her belongings and those of her children from Walsh’s home to the Brains’ garage, she said.

Walsh said when he returned from jail a day or so later, he learned the items from his home were also in the Brains’ garage. Several days later, he went into the garage when the Brains were not home to retrieve his items and was arrested, according to testimony.

A few days later, on July 10, 2010, Keith Brain confronted Walsh about supposed threats against Judy Brain and others. The confrontation resulted in Walsh being shot twice as he ran from Brain to his property.

mjerkins@sunmediagroup.net


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