Burglar sues homeowner who shot him

by Marty Carlson

David Bailey


A burglar in Portland Indiana who broke into a man’s garage has filed a lawsuit against the owner for shooting him.

David a Bailey, 31 years old, of Albany, Indiana broke into the garage of David McLaughlin of Dunkirk Indiana on April 21, 2014. McLaughlin now 33, fired gunshots at the intruder he saw him running from his property.

as he ran down the alley one of the bullets hit him in his left arm.

In September 2014, Superior Court in J County judge and jury found McLaughlin guilty of criminal recklessness in the shooting. The judge Max Ludy sentence McLaughlin to 60 days in jail and four months on home detention.

Last June Jay County Circuit Court Judge Brian Hutchinson placed Bailey, who had pled guilty to burglary, on electric home detention for three years. Attorneys Jason Delk and Daniel Gibson, representing Bailey had filed a lawsuit in J County Circuit Court against McLaughlin.

Bailey who had pleaded guilty to a related burglary charge last year, claims in the lawsuit he had not entered the garage for the purpose of stealing property.

Bailey said he was in an alley behind McLaughlin’s home when the homeowner came out of his residence began firing his weapon into the air in response to an alarm sound in his garage. As Bailey fled down an alley McLaughlin continued firing his weapon down the dark alley into the public right of way.

Three shots were fired at Bailey by McLaughlin the suit contends. One of the shots narrowly missed the Albany’s man’s head, another struck him in the back of the arm and Pearson artery causing serious and permanent damage.

The lawsuit asked for monetary award in the amount sufficient to compensate Bailey for all damages no hearings have been scheduled in the case

Another instance in this country where crime pays well these days, and I wonder what kind of monetary award the victim would’ve had with Mr. Bailey, who sounds like a professional thief, would have stolen everything out of his garage.