Burglar files lawsuit against owner of home he broke into

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DUNKIRK, Ind. -- A burglar is suing the owner of the home he attempted to steal from.

David Bailey pleaded guilty to breaking into a garage in Dunkirk, Indiana in 2014.

But the alarm went off and Bailey ran away down an alley, according to WXIN.

The homeowner, David McLaughlin, came outside to that alley and fired his gun three times.

One of those shots struck Bailey in the back of the arm.

McLaughlin was convicted of criminal recklessness. Now the man he shot is suing him.

Bailey filed a civil suit that claims McLaughlin acted recklessly when he fired those gunshots down a dark alley.

“My client thinks it’s outrageous and I tend to agree,” said McLaughlin’s attorney Brian Pierce. “You don’t ordinarily expect someone to burglarize you and turn around and sue you for damages.”

"I think the claim is absurd," said Pierce. "In Indiana every homeowner has a right to defend their property and that may include using a firearm."

The lawsuit claims Bailey never actually entered the garage and is seeking an unspecified amount of damages.

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