Convicted burglar David A. Bailey is suing the homeowner who shot him while fleeing a burglary scene in April 2014.
The homeowner–David McLaughlin–fired shots as Bailey fled his property, and one of the shots “hit Bailey in the left arm.”
The incident took place on April 21, 2014 in Dunkirk, Indiana.
According to the Muncie Star Press, Bailey pleaded guilty to burglary in June 2015 and “was placed on electronic home detention for three years by Jay Circuit Court Judge Brian Hutchinson.” Months prior–in September 2014–McLaughlin was found “guilty of criminal recklessness” for firing the shots at Bailey as he fled the scene. McLaughlin was given “60 days in jail, to be followed by four months on home detention.”
Bailey has now filed a suit against McLaughlin over the shooting. Although Bailey pleaded guilty to burglary last year, in the lawsuit he claims he “had not entered (McLaughlin’s) garage” and “never entered the defendant’s garage for the purpose of stealing property.”
Instead, the lawsuit claims 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.'”
Bailey’s suit seeks a “monetary award.”
AWR Hawkins is the Second Amendment columnist for Breitbart News and political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at firstname.lastname@example.org