PARIS — The jury in a civil trial for a Brownfield man who shot his neighbor as the culminating event in a nearly two-week dispute heard testimony Wednesday about the mental health of plaintiff James Walsh leading up to the 2010 shooting and how it has since affected his mental state.
Anxiety, depression and chronic post-traumatic stress disorder were all words Dr. William M. Barter, a forensic psychologist who provided expert witness testimony in support of Walsh’s complaint at Oxford County Superior Court, offered to describe Walsh’s mental health since the shooting incident that left him with two gunshot wounds, one in his left leg and another in his right arm.
On July 10, 2010, Walsh’s neighbor on Moore Road in Brownfield, Keith Brain, chased Walsh onto Walsh’s property and fired multiple shots, hitting Walsh twice as he ran from Brain seeking refuge in the woods behind the neighbors’ homes. Walsh, who testified that at first he didn’t even realize he’d been shot, ended up at another neighbor’s home from where he was taken to a hospital for treatment. Brain hid in the woods until surrendering to police nearly five hours later.
The problem between Walsh and his neighbor began several days prior to the shooting, according to court documents and testimony, when Walsh had an altercation with his live-in girlfriend and was arrested on domestic violence and criminal mischief charges.
Two days later, Walsh returned home to find his house had been emptied into the Brains’ garage and his girlfriend had been granted a protection order. Brain’s attorney William Druary said that Walsh made multiple phone calls to the Brains regarding his belongings, including his clothing and other personal items being in their garage. At one point, Druary said Walsh threatened to burn down the garage, a threat Walsh denies making. Walsh took matters into his own hands when the Brains were not home and went into their garage to retrieve some of his belongings. Judy Brain called the police, and Walsh was arrested again.
“(Judy Brain) left me a voice mail threatening, ‘Now you’ve done it. That’s it. You’re going to pay,’” Walsh testified Wednesday.
Druary repeatedly questioned Walsh about his relationship with police in the days leading up to the shooting. He also referenced Walsh’s past dating back to 1986 when Walsh was a juvenile and had his first run-in with police in Massachusetts to a more recent OUI arrest in 2005. Walsh made little attempt to hide his mistrust of police and the judicial system during the first few days of testimony. More than once, in emotional outbursts, Walsh used terms like “dirtbag,” “extra dirtbag” and “meatstick” to describe police officers.
Walsh also said that lawyers were liars and let Druary know that he had little respect for him for his willingness to defend Brain.
“The system that you swim in every single day is a failed limp fish on its best day,” Walsh told Druary.
“Do you have a problem with authority?” Druary asked Walsh.
“I have no problem with authority if it is used correctly and not abused,” Walsh answered.
Shortly before court was scheduled to break for lunch on Wednesday, Walsh had another outburst, throwing a 3-inch binder of medical records to the floor in front of the witness stand where he was seated and shouting that the records were wrong. Earlier in the day, Walsh cited several instances in which criminal records regarding his situation were missing information or incorrect, and expressed frustration about being a victim of the judicial system.
Barter said PTSD might be to blame for Walsh’s sense of paranoia and mistrust over a system he feels has abused him since the incidents that began in late June 2010, describing a theme throughout his communications with him on the subject of the justice system.
Barter said these feelings of mistrust, paranoia, suspicion of others, as well as general disengagement from normal activities and inconsistencies in thought processes are all symptoms of PTSD that he believes were brought on as a result of the shooting.
He said the PTSD symptoms explain the changes in Walsh’s behavior, including his ability to function without outbursts in the courtroom and the problems he has had with the law since the incident. Barter said just being in the court discussing the situation was like reliving the trauma for Walsh.
Since being shot, Walsh has spent about 380 days in jail. Brain pleaded guilty to two charges of elevated aggravated assault and was sentenced to 12 years with all but 60 days suspended.
Walsh has been unable to return to his home on Moore Road, and unable to continue his home-based business of repairing cars since the incident. The trial continues on Thursday.
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