Burglar Sues Homeowner Who Shot Him

By Eric Scheiner | April 27, 2016 | 4:02pm EDT

A convicted burglar in Indiana is suing a man who shot him during an attempted break-in. 

WXIN reports, the civil lawsuit was filed last week.

The homeowner in this case shot the suspect one time along a dirt alleyway in Dunkrik in 2014. 

The alarm on the detached garage went off and the owner saw a man running away from the building and opened fire. 

A jury later convicted the homeowner, David McLaughlin, of criminal recklessness.

The accused thief, David Bailey, pleaded guilty to burglary. Two years after the incident, Bailey filed a civil suit - claiming the homeowner acted recklessly.

Screen capture of WXIN news report.

McLaughlin’s attorney calls the lawsuit ridiculous.

“My client thinks it’s outrageous and I tend to agree,” said McLaughlin’s attorney Brian Pierce.

“You don’t ordinarily expect someone to burglarize you and turn around and sue you for damages.”

According to the lawsuit, the homeowner fired three shots. One of which hit the suspect in the back of the arm as he fled.

The complaint concludes that McLaughlin “owed the plaintiff a duty to exercise reasonable care when he exited his property and began firing gunshots down a dark alley.”

“I think the claim is absurd. In Indiana, every homeowner has a right to defend their property and that may include using a firearm,” said Pierce.

The lawsuit claims the suspect never actually entered the homeowners’ garage and is seeking an unspecified amount of damages. 

h/t WXIN

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