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.


  1. Crooks getting away with everything these days, while innocent people have to pay. I hate this Justice system and what they stand for.

  2. Brings me back to the Carson Case. If Carson is so involved in Kauffman’s murder, and did all these things to cover it up, by the accounts of Momma Bev’s story, it just doesn’t make sense. Carson is a smart attorney. If he wanted intruders dead he would have created a justifiable homicide. His guards caught a a person on his property, Kauffman attacked and they had to use deadly force. End of story. Carson has his wife, and daughter to worry about. Dangerous people are on his property. He, or his guards, had every right to defend themselves. Justifiable homicide. I keep putting myself into Cooley’s peoples’ place- I am not going on anyone’s property in the middle of the night for any reason because there is a good chance I am going to get shot. If Carson did the planning of this made up Momma Bev scenario he would have created a justifiable homicide case. Simple- I am protecting my family and myself, I became aware of an intruder, I went to check out the scenario, it was dark, the person came at me, I told him stop, he wouldn’t, I had to shoot him. End of story.

    Instead though they present this scenario? The Atwals are having trouble taking down Kauffman, so they call Woody in the middle of the night. “Come help us, we have a cop, Carson here, but all of us cannot take down Kauffman! We need your help!” The illogical scenario brings another witness into the plan. One that uses meth and runs his mouth. Let’s get that guy to help us too advises mastermind Carson. So now they have to get rid of the body, the plan! Mastermind of the murder tells them, give me the gun! You guys go bury him in your garden in shallow grave. The copper and I are going off to establish any alibi! Remember bury him on your property in a shallow grave! Poor Woody is caught in the middle of this mess and cannot get away. He might be next he is thinking. The copper suggests that maybe go up into the mountains and bury the body there way off the beaten path in a deep grave. Mastermind Carson though says No! Bury him in a shallow grave on your property.

    It all makes no sense. The Atwals, who are busy all day at their business, decide they want a second job as guards? The two of them cannot take down Kauffman? So they call Woody for help? Let’s bring in another person that might become a witness to it all? A law enforcement officer agrees to show up in a premeditated murder case? I would think that maybe the officer might just arrest Kauffman? Or if Kauffman is already dead, which he wasn’t as Woody’s scenario goes, he says he is trying to pull Kauffman off Atwal and somehow the other Awtwal shoots Kauffman, while he is tangled up with two other people fighting but misses the other two people? According to the story (Momma Bev) Woody then goes to leave, but Carson and the copper are already there and say- get in there and finish up! So that would suggest that Carson and the copper were there while this was going on. Bearing in mind, that this was premeditated, murder 1, Carson’s mastermind behind it all, and his plan is to bury Kauffman in the Atwals’ garden? There are so many places around here to dispose of a body. If it was premeditated, I would have to think Carson would have had in place a plan that would get rid of the body where no one would find it. Further, the story goes that Carson put irrigation pipe near the fence to entice Cooley’s bunch. How did Kauffman end up in the chicken coup? Myself, I think he was never there, I do not think any of the people in Momma Bev’s story were there. If Carson planned this premeditated murder, why would he send them out yelling threats before it happened. What is weird too, is that one of the Cooley’s says he would have gone with Kauffman if hadn’t scene armed guards. To, me that says Kauffman was killed on Cooley’s property for whatever reason. Cooley comes out then and talks about armed guards, irrigation pipe near a fence, buries Kauffman’s bike in his yard. To me that points right at Cooley being the most likely suspect. He says “Kauffman went to steal irrigation pipe and the armed guards must of shot him!” Basically saying, I didn’t do it, but the armed guards did! You also have to fit in the story that somehow Kauffman’s plan was to steal irrigation pipe using a bike. I just do not see how a guy on a bike could steal irrigation pipe, but that’s Cooley’s story. How the hell would he carry it, where the hell would he hide it, I am trying to make sense of Cooley’s story.

    Carson’s only crime was probably wanting to stay and live where he was instead of moving out of a bad area, being a very good attorney that the DA’s office loathed, and being angry when people kept stealing from him. Then one night, where a lot of violent tweakers hang-out a guy gets murdered, and the DA sees an opportunity to ruin Carson so it goes after him. The fact they didn’t include Cooley’s property in the search warrant further shows their agenda was never justice for Kauffman, but an opportunity to drag Carson and others through the mud.

    I drank to much coffee. It’s just that if Carson wanted one of the thieves killed he would have simply set up a justifiable homicide like the guy in the story, but he just shot the thief in the wrong location.

watcha gotta say?

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