- The Washington Times - Wednesday, April 27, 2016

An Indiana burglar found guilty of breaking into a man’s garage has filed a lawsuit against the man for shooting him.

Authorities said David A. Bailey of Albany broke into the detached garage of David McLaughlin of Dunkirk on April 21, 2014. McLaughlin, now 33, fired gunshots at Bailey, striking him in the left arm as he fled down a neighboring dirt alleyway, The Star News reported.

The homeowner was found guilty of criminal recklessness in the shooting and sentenced to 60 days in jail. Bailey, who pleaded guilty to burglary, was placed on electronic home detention for three years. Last week, Bailey’s lawyers filed a Jay County Circuit Court lawsuit against the homeowner for recklessness, The Star Press reported.

Despite the fact that he pleaded guilty to burglary, the lawsuit reportedly stated that Bailey “never entered the defendant’s garage for the purpose of stealing property.” It said Bailey was in an alley behind Mr. McLaughlin’s home when Mr. McLaughlin “exited his residence and began firing his weapon into the air in response to a security alarm sound in his garage.” As Bailey fled down an alley, McLaughlin “continued to the public-right-of-way (and off his property) and continued firing his weapon down the dark alley,” the suit claimed, The Star Press reported.

The lawsuit asked for “a monetary award in an amount sufficient to compensate [Mr. Bailey] for all damages.” No hearings have been scheduled in the case.

“My client thinks it’s outrageous and I tend to agree. You don’t ordinarily expect someone to burglarize you and turn around and sue you for damages,” the homeowner’s attorney told a local CBS News affiliate, Law Newz reported.

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