A burglar is suing an Indiana homeowner who shot him as he fled down an alley, claiming he never entered a garage which he was convicted of breaking into.
David Bailey, accused of breaking into the garage of David McLaughlin in 2014, was shot in the left arm as he ran down an alley, The Star Press
Bailey pleaded guilty to burglary and was placed on electronic home detention for three years.
McLaughlin was found guilty of criminal recklessness and sentenced to 60 days in jail, to be followed by four months on home detention.
Last week, Bailey filed a lawsuit against McLaughlin seeking compensation for the serious and permanent damage caused by the shooting.
“I can’t lift nothing. I can’t make a fist. I can’t do nothing with it. I got a crow’s feet for hands; my fingers are like curling up,” Bailey told The Daily Beast
Details of the incident are unclear. Bailey claims he never entered McLaughlin’s garage, contrary to testimony he gave during his trial. He said he was cutting through the alley with an anonymous friend who entered the garage, setting off an alarm.
“He came running out his yard chasing down the alley and shooting into the dark,” Bailey said. “He shot a lot. I didn’t think he was going to shoot at us. I thought he was going to shoot up in the air until I heard [bullets] flying past my head.”
McLaughlin’s attorney, Brian Pierce, called the lawsuit absurd, WXIN-TV
“My client thinks it’s outrageous and I tend to agree,” Pierce said. “You don’t ordinarily expect someone to burglarize you and turn around and sue you for damages.”
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