BELFAST – The Waldo County grand jury has declined to bring a manslaughter indictment against a Palermo man who allegedly shot his neighbor on Memorial Day.

Donald “Larry” Mooney, 36, of Palermo was charged with manslaughter when arrested by Maine State Police in connection with the May 27 shooting death of Daniel Walsh, 40, also of Palermo. Mooney is free on bail.

When the special grand jury rose Monday evening, the panel handed up indictments charging Mooney with reckless conduct with the use of a firearm against a person and criminal threatening with the use of a firearm.

Had he been indicted and convicted of manslaughter, Mooney could have received a prison sentence of up to 40 years. The reckless conduct and criminal threatening charges each carry a maximum penalty of five years in prison.

“I’m very pleased with the decision,” defense attorney Walter McKee of Augusta said Tuesday. “But I don’t think he should have been charged at all.”

McKee said Mooney was acting in self-defense when he shot Walsh.

“We will present our case on the evidence,” he said.

According to an affidavit filed with the case when Mooney was arrested, the shooting occurred after Walsh’s wife sent their daughter Kimberly to Mooney’s home to ask for help. Walsh apparently had a history of being abusive to his family and family members often turned to Mooney when threatened.

Mooney, who earlier in the day had been drinking with Walsh, went to Walsh’s trailer and the two immediately began fighting. In the meantime, Erin Walsh loaded her children into the family car and drove to a nearby blueberry field to escape from her husband.

Mooney went home after the fight and picked up his loaded .22-caliber revolver. He told police he went back to the home to confront Walsh and try to get him to leave so his family could return home. Instead, the two started fighting again.

At some point during the struggle, Mooney dropped his gun to the floor. When he picked it up, he leveled it at Walsh and told him to leave.

“Dan, you’ve got to leave. Don’t come near me or I’m going to shoot you,” Mooney said, according to the affidavit.

Mooney told police he remembered firing a warning shot, then firing three more times. He told police he left the trailer when he saw Walsh fall to the floor. Walsh died in a Lewiston hospital the next day. The cause of death was listed as a gunshot wound to the head and brain.

Mooney was arrested a week after the incident and has been free on $10,000 surety bail.

McKee described Mooney as an innocent neighbor who was drawn into a violent situation by concerns for the safety of Walsh’s children. He said Mooney witnessed various horrifying beatings over the years and had been called by the family to intercede on numerous occasions.

“It is just overwhelming what happened with that family. The violence was almost daily,” said McKee. “He stepped into a situation, got stuck in it and he’s still stuck in it.”

The state still has the option to return to the grand jury with additional evidence in an attempt to secure a manslaughter indictment, but McKee said that was doubtful.

“There is no more evidence,” he said.

Attempts to reach Assistant Attorney General Lisa Marchese to determine the state’s position were unsuccessful.