LOUISVILLE, KY (via wdrb.com) April 27, 2016 -- A convicted burglar has filed a lawsuit against a homeowner in Indiana.
The homeowner, David McLaughlin, says the alarm on his garage went off in 2014. He saw a man running away from the building and opened fire, striking him once in the arm. A jury ended up convicting McLaughlin of criminal recklessness.
The lawsuit contends that the homeowner fired three shots, and that one round hit the suspect in the back of the arm as he walked away down the alley. The lawsuit further alleges that the homeowner told neighbors he had no idea what he was firing at.
David Bailey pleaded guilty to burglary, but has now filed a civil suit, claiming the homeowner acted recklessly in firing the gunshots.
The homeowner's attorney, Brian Pierce, calls the lawsuit ridiculous.
'I think the claim is absurd. In Indiana every homeowner has a right to defend their property and that may include using a firearm,' Pierce said.
The lawsuit claims Bailey never entered the homeowner's property.