An Indiana man who pleaded guilty to burglary last year is now suing the homeowner whose garage he broke into.
Police say in April of 2014, David Bailey broke into David McLaughlin’s garage in Dunkirk.
According to authorities, McLaughlin fired shots at the intruder as he saw him fleeing the property. “One of the bullets hit Bailey in the left arm as he ran down an alley,” WWL-TV reported.
However, according to the lawsuit filed in Jay County Circuit Court last week, Bailey “never entered the defendant’s garage for the purpose of stealing property.”
The suit claims that Bailey was in an alley behind McLaughlin’s home when the homeowner “exited his residence and began firing his weapon into the air in response to a security alarm sound in his garage.”
McLaughlin allegedly continued to follow Bailey off his property, and into the dark alley, while firing his weapon. One of the three shots fired by McLaughlin struck Bailey in the arm and “pierced an artery causing serious and permanent damage.” The lawsuit seeks a monetary award to compensate Bailey for damages.
Five months after the incident, a Jay County Superior Court jury found McLaughlin guilty of criminal recklessness in the shooting. He was later sentenced to 60 days in jail and four months on home detention.
Bailey, who had pleaded guilty to burglary in 2015, was placed on electronic home detention for three years.
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