Douglas Walker

The Star Press

PORTLAND – A burglar who broke into a Dunkirk man’s garage has filed a lawsuit against the homeowner for shooting him.

Authorities said David A. Bailey, now 31, of Albany, broke into the garage of Dunkirk resident David McLaughlin on April 21, 2014.

McLaughlin, now 33, fired gunshots at the intruder he saw fleeing from his property, in the 400 block of West Commerce Drive. One of the bullets hit Bailey in the left arm as he ran down an alley.

In September 2014, a Jay Superior Court jury found McLaughlin guilty of criminal recklessness in the shooting. Judge Max Ludy later sentenced the Dunkirk property owner to 60 days in jail, to be followed by four months on home detention.

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In June 2015, Bailey – who had pleaded guilty to burglary – was placed on electronic home detention for three years by Jay Circuit Court Judge Brian Hutchinson.

Last week, attorneys for Bailey – Jason Delk and Daniel Gibson of Muncie – filed a Jay Circuit Court lawsuit against McLaughlin.

While Bailey pleaded guilty to a related burglary charge last year, in the lawsuit he contends he “had not entered (McLaughlin’s) garage” and “never entered the defendant’s garage for the purpose of stealing property.”

The suit alleges 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.”

As Bailey fled down an alley, McLaughlin “continued to the public-right-of-way (and off his property) and continued firing his weapon down the dark alley,” the suit says.

Three shots were fired at Bailey, the suit contends. One narrowly missed the Albany man’s head. Another struck him in the back of the arm and pierced an artery, causing “serious and permanent damage.”

The lawsuit asks for “a monetary award in an amount sufficient to compensate (Bailey) for all damages."

An attorney for McLaughlin has not yet entered an appearance in the case, and no related hearings have been scheduled.

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Contact news reporter Douglas Walker at (765) 213-5851. You can also follow him on Twitter @DouglasWalkerSP.

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