PARIS – A judge ruled Monday that the bail for a Brownfield man who was charged in a shooting Saturday should be lowered, but he prohibited the man from returning home after his release.

Justice Robert Clifford lowered Keith Brain’s bail from $30,000 to $5,000 during Brain’s initial appearance in Oxford County Superior Court. Brain, 42, is charged with elevated aggravated assault in the shooting of his neighbor, James P. Walsh, 38.

Clifford said he was concerned that the conflict between the men could flare up again if Brain returned to the area. He said Brain cannot possess any dangerous weapons, have contact with Walsh or return to the neighborhood. The last condition may be amended.

A corrections officer at the Oxford County Jail said Monday afternoon that Brain had been released on bail.

The incident has its roots in a dispute involving Walsh and his ex-girlfriend. Walsh was arrested 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 Brain’s home after the domestic incident.

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Walsh was arrested again 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 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 soon 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 allowed him to be released. Brain’s attorney, 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 his ex-girlfriend’s car seat to the Brains’ home on Saturday afternoon.

Walsh said that 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 home and threatened him with a handgun after he did so.

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Brain’s wife said she heard four or five shots. 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 after the incident and was found almost five hours later by members of the Maine State Police Tactical Team.

Brain is a project management director for FairPoint Communications in Portland. Ruffner asked for $5,000 bail, saying Brain has no violent history and was responding to threats against him and his family.

Assistant District Attorney Joe O’Connor said Brain has no criminal history, but the $30,000 bail was “minimally appropriate.” He argued that the shooting could not be justified as self-defense, and that Walsh’s actions had been nonviolent.

 


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