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A burglar is suing the homeowner who shot him following a break in.
David A. Bailey is seeking damages from the man whose garage authorities said he broke into in Dunkirk, Indiana. Bailey was hit by a bullet while running away from David McLaughlin’s garage on April 21, 2014. McLaughlin opened fire after hearing a burglar alarm and seeing Bailey running away from the garage.
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Bailey pleaded guilty to burglary in a related case in June 2015 and was sentenced to three years of electronic detention, The Star Press newspaper reported. His attorneys, Jason Delk and Daniel Gibson, filed a civil suit against McLaughlin for unspecified damages in Jay County Circuit Court in April of this year
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Ironically, McLaughlin ended up serving more time in jail than the man who was convicted of breaking into his garage. The homeowner was sentenced to 60 days in jail and four months on home detention for criminal recklessness by a Superior Court Jury in September 2014. The judge apparently thought McLaughlin was reckless because he fired into a dark alley and shot off of his property.
The charges stemmed from the fact that Bailey was running away from the garage when McLaughlin opened fire. Most state laws only allow citizens to use deadly force to defend against a direct attack, or if the person is inside a home.
The suit is asking for “a monetary award in an amount sufficient to compensate (Bailey) for all damages,” according to The Star Press.
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