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Man sues half-brother for shooting him Brother serving 7 years in prison for assault By CHRIS BRISTOL Extending a family feud that began almost 25 years ago, a Jacksonville man has sued his half-brother for shooting him in the face with a .44 Magnum. James L. Byrne, 45, seeks more than $1.1 million in damages from Larry Thomas Byrne, 53, who once expressed regret about his poor marksmanship at point-blank range and is now serving seven years in prison on a conviction for first-degree assault. The lawsuit, filed July 9 in Jackson County court, also names Katherine and Michael Smith as co-defendants for allegedly "inciting" Larry Byrne to pull the trigger. It does not otherwise specify their alleged role in the attack. According to news accounts, bad blood between the Byrne brothers had festered since a 1975 incident in which James Byrne jumped his older brother for shooting salmon in the Applegate River near their ranch home. In a statement to police, Larry Byrne promised he would never let it happen again. "If I'd gotten the pistol out, I would have killed him then, easy," he told police. "He will not touch me." Twenty-two years later, Larry Byrne followed through on the threat, using the same Ruger .44 Magnum he had been carrying in a holster back in 1975. Trial testimony indicated that Larry Byrne was visiting an Applegate ranch on July 13, 1997, when he unexpectedly encountered his half-brother, who was fixing a trailer hitch. Only 50 feet away, a birthday party for a young boy was in full swing. In the confrontation that ensued, Larry Byrne drew his gun and shot James Byrne in the face. The victim was hospitalized for 10 days and underwent several surgeries to repair damage to his right cheek and neck. Larry Byrne subsequently told police he fired in self defense. He said he thought his younger but bigger brother, who reportedly had snorted a line of methamphetamine earlier in the day, was going to hit him with the 15-pound trailer hitch. "It's probably the worst shot I've made in years," he said. A jury later acquitted him of attempted murder, opting instead for the lesser charges of first-degree assault and reckless endangerment. Under Oregon law, first-degree assault is punishable by a mandatory term of seven years in prison, with no early release or parole. At his sentencing, the defendant told the judge he no longer bore any ill will against his brother after attending an "inner-child workshop" at church that helped him deal with his long-simmering anger. "I eliminated all the hatred and bad feelings I had for Jimmy," he said. "When he walked by (during trial) I just wanted to give him a hug." In his lawsuit, James Byrne claims the bullet wound caused permanent damage to his face, head, ear and "associated" glands and nerves. He seeks up to $100,000 for unspecified medical expenses and $1 million for pain and suffering. Without elaborating, the lawsuit claims the Smiths "encouraged or incited ... or aided and abetted" Larry Byrne. News accounts of the shooting and trial do not mention the Smiths, and the lawsuit does not explain their relationship to the Byrnes. Medford attorney Larry Workman, who filed the lawsuit on James Byrne's behalf, was out of the office Monday afternoon and could not be reached for comment. Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA