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Burglar sues homeowner who shot him

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Douglas Walker | The Star Press

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.

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.

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