This is an amazing story... One that leaves me like this....
Meet 31 y/o David Bailey. That's him below...
On April 21, 2014, Bailey broke into David McLaughlin's garage in Dunkirk, Indiana. When he became aware that he had been discovered. Bailey fled, and while he fled McLaughlin fired gunshots at Bailey, hitting him with a bullet in the left arm as he ran through an alley. McLaughlin (pictured below) was also arrested that night, being charged with "criminal recklessness" for his decision to shoot at a Bailey as he was fleeing.
McLaughlin was found guilty by a jury (he went to trial and lost) while Bailey pleaded guilty to burglary, and in the aftermath Bailey has now filed a civil lawsuit against the man who's property he was burglarizing seeking "a monetary award in an amount sufficient to compensate (Bailey) for all damages". Not withstanding his guilty plea in criminal court Bailey reportedly claimed in his lawsuit that he "had never entered the defendant's garage for the purpose of stealing property". Bailey reportedly claimed that he was fleeing through 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." The lawsuit reportedly claims that McLaughlin "continued to the public-right-of-way (and off his property) and continued firing his weapon down the dark alley". The lawsuit reportedly states that McLaughlin "owed the plaintiff a duty to exercise reasonable care when he exited his property and began firing gunshots down a dark alley." McLaughlin reportedly fired three shots at Bailey, one narrowly missing Bailey's head and another hitting him in the back of the arm, piercing an artery and causing "serious and permanent damage".
McLaugh's attorney, Brian Pierce, has called the lawsuit "outrageous", reportedly stating that: "My client thinks it's outrageous and I tend to agree. You don't ordinarily expect someone to burglarize you and turn around and sue you for damages. I think the claim is absurd. In Indiana every homeowner has a right to defend their property and that may include using a firearm."
Meet 31 y/o David Bailey. That's him below...
On April 21, 2014, Bailey broke into David McLaughlin's garage in Dunkirk, Indiana. When he became aware that he had been discovered. Bailey fled, and while he fled McLaughlin fired gunshots at Bailey, hitting him with a bullet in the left arm as he ran through an alley. McLaughlin (pictured below) was also arrested that night, being charged with "criminal recklessness" for his decision to shoot at a Bailey as he was fleeing.
McLaughlin was found guilty by a jury (he went to trial and lost) while Bailey pleaded guilty to burglary, and in the aftermath Bailey has now filed a civil lawsuit against the man who's property he was burglarizing seeking "a monetary award in an amount sufficient to compensate (Bailey) for all damages". Not withstanding his guilty plea in criminal court Bailey reportedly claimed in his lawsuit that he "had never entered the defendant's garage for the purpose of stealing property". Bailey reportedly claimed that he was fleeing through 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." The lawsuit reportedly claims that McLaughlin "continued to the public-right-of-way (and off his property) and continued firing his weapon down the dark alley". The lawsuit reportedly states that McLaughlin "owed the plaintiff a duty to exercise reasonable care when he exited his property and began firing gunshots down a dark alley." McLaughlin reportedly fired three shots at Bailey, one narrowly missing Bailey's head and another hitting him in the back of the arm, piercing an artery and causing "serious and permanent damage".
McLaugh's attorney, Brian Pierce, has called the lawsuit "outrageous", reportedly stating that: "My client thinks it's outrageous and I tend to agree. You don't ordinarily expect someone to burglarize you and turn around and sue you for damages. I think the claim is absurd. In Indiana every homeowner has a right to defend their property and that may include using a firearm."
Memo to David Bailey: Fyi...
Memo to David Bailey continued: Don't do the crime if you can't do the time (or suffer the consequences...)... No... Don't do it!
For 25 years years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
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