Burglar sues homeowner for shooting him during break-in

The civil lawsuit was filed two years later in Indiana

The homeowner was alerted to the burglar by an alarm in his garage (WXIN)

A convicted burglar is suing a homeowner who shot him while he was attempting to break in to the house.

During the break-in, the alarm in the garage went off and the homeowner saw a man running away.

He opened fire on the man and was later convicted of criminal recklessness.

The thief, David Bailey, pleaded guilty to burglary.

Two years after the incident, he has filed a lawsuit in Indiana against the homeowner, David McLaughlin.

“My client thinks it’s outrageous and I tend to agree,” said Mr McLaughlin’s attorney Brian Pierce, as reported by WXIN news.

“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,” added Mr Pierce.

According to court documents, “As the plaintiff (Bailey) was running down the alley away from defendant's residence, the defendant (McLaughlin) continued to the public right-of-way (and off his property) and continued firing his weapon down the dark alley.”

The document alleges that Mr Bailey was shot three times, and the third round hit him in the back of the arm, “piercing an artery and causing permanent damage".

The plaintiff has alleged that Mr McLaughlin had “no idea what he was firing at”.

Mr Bailey has also claimed he never actually entered Mr McLaughlin’s home and is seeking an unspecified amount of damages.