PARIS — James Walsh of Brownfield was removed from the courtroom Thursday after an outburst on the fourth day of his civil trial seeking compensation for being shot by his neighbor in 2010.
Active-Retired Justice Robert Clifford removed Walsh from the Oxford County Superior Court building after Walsh’s former girlfriend Sarah Clancy gave tearful testimony about their relationship.
Walsh was arrested on June 29, 2010, on a charge of assaulting Clancy while they lived together. She was later granted a protection from abuse order against him, according to testimony. After he was released from jail, Walsh discovered she, with help from neighbors Keith and Judy Brain, had moved her belongings to the Brains’ garage on Moore Road, which led to the shooting.
Clancy testified Thursday that despite the assault, she still had feelings for Walsh and it was a “confusing time” in her life.
She said they had prior arrangements to meet with friends who were camping on the Fourth of July weekend in 2010, just a few days after the assault. She decided to meet with the friends, not knowing if Walsh might also be there, though she testified she “kind of wanted to see him” despite the protection order.
Clancy said the two talked, Walsh apologized and they had relations that night.
“I showed up, and he was there,” she said. “Jim and I talked. He seemed way more calm. I was still in love with him. That doesn’t go away.”
“Sure it does,” Walsh said from his seat in the courtroom.
Justice Clifford immediately halted proceedings and dismissed the jury.
“Mr. Walsh, . . . I’m not going to tolerate any more,” the judge said. “This witness is testifying, and I’m not going to tolerate any comments from you.”
He warned Walsh, who is in his 40s, that his conduct was placing the trial in danger.
“You’ve got to do what you’ve got to do, your honor,” Walsh said as he left the courthouse on Western Avenue.
Attorney Thaddeus Day is representing Walsh.
Moments later, Walsh was observed in a lot across the street walking in circles, throwing his hands in the air, gesturing at the court building and yelling.
When court reconvened, Justice Clifford explained he had removed Walsh from the building until and unless he needed to take the stand again.
Keith Brain, who is also in his 40s, and his wife, Judith, also testified Thursday, saying they felt threatened by Walsh because of statements he made between the time of the assault and when Walsh showed up at their home July 10.
Judith Brain had also taken out a protection order against Walsh, citing threats he made to “kill” her and others.
On July 10, the Brains were helping Clancy move her belongings from their garage to a storage unit in Brownfield. In the process, Brain testified, Walsh nearly drove him off the road as he drove by him.
Clancy testified Walsh was following them in a borrowed vehicle, she supposed to see where she was taking the items she had in the Brains’ garage. She said Walsh had threatened to burn the garage, so she felt compelled to move her belongings.
The Brains and Clancy said they observed Walsh walking back and forth on Moore Road in front of the Brains’ home. He was talking loudly on a cellphone and threw a piece of a car seat onto their driveway toward their garage.
Keith Brain testified he grabbed a gun and went outside to confront Walsh, concealing the weapon behind his back. He said he yelled at Walsh to stop and when he didn’t, he called him a “faggot.”
“He looked at me, and I screamed at him, why?” Brain said. “He looked at me, shrugged his shoulders, looked at the garage and said, ‘Choices.'”
“At that point, I took out the pistol that was behind my back and I said, Well you made the wrong choice. I said, You’re not threatening to kill Judy anymore, my wife . . . you’re not threatening to burn down my garage. You’re going to go up the river for this one.”
Brain said he aimed the gun at Walsh’s torso, but Walsh turned to walk away and made a comment about Brain never seeing his wife and kids again. Brain reached for Walsh to stop him and the two scuffled briefly and the gun went off as he stumbled back.
Brain said Walsh took off running toward his property and Brain chased him down Walsh’s driveway. He fired a warning shot in the air and yelled at him to stop. The gun discharged again when he stumbled running down the driveway. Bain said he fired a final shot in the air as he saw Walsh rounding the garage on Walsh’s property.
Walsh was struck twice, once in his left leg and once in his right arm. He was treated at Bridgton Hospital.
Keith Brain pleaded guilty to elevated aggravated assault and was sentenced to serve 12 years, with all but 60 days suspended. He was also ordered to pay $7,000 restitution to Walsh.
Walsh testified earlier in the week that he didn’t realize he was shot at first, and ran down a snowmobile trail behind his and the Brains’ homes to escape. He followed the trail to another neighbor’s home and contacted police.
Brain testified he attempted to follow Walsh, but lost track of him in the woods. He feared Walsh might turn toward his home, so he cut back through the woods to his property. He said he learned Walsh had been wounded and was at a neighbor’s home from his wife, who met him when came out of the woods into their backyard.
Testimony is expected to resume Friday.
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