A convicted burglar that already served his one year sentence for the same crime, is suing the man who shot him during an attempted burglary.
David Bailey attempted to enter the home of David Mclaughlin at 12:30 A.M on April 21, 2014. Unbeknownst to Bailey, due to multiple previous attempted burglaries at McLaughlin’s home, Mclaughlin had installed an alarm system in the past.
After exiting the garage of McLaughlin’s house, Bailey scurried down an alleyway when McLaughlin opened fire on Bailey. Mclaughlin, carrying a .45 caliber pistol struck Bailey in the arm.
As a result of the incident, Bailey served a one-year sentence at an Indiana penitentiary while McLaughlin served 60 days in jail followed by a four month home detention and a year of probation.
Judge Max Ludy Jr called what McLaughlin did to Bailey “reprehensible.”
Bailey, a trade machinist, now claims “I can’t lift nothing. I can’t make a fist. I can’t do nothing with it. I got a crow’s feet for hands; my fingers are like curling up.”
He says that his medical bills and other damages could cost him more than $100,000 and Bailey wants McLaughlin to pay for it.
Bailey claims that he only pleaded guilty for the crime because it dropped an additional gun charge. He says that he never entered McLaughlin’s garage and that his friend did, but he was not the one to enter.
Brian Pierce, Mclaughlin’s attorney has said, “My client thinks it’s outrageous and I tend to agree.”
Do you think McLaughlin should have to pay for damages for defending his home against a convicted burglar?