A convicted burglar who was shot during an attempted break-in is suing the homeowner.

According to news sources, after homeowner David McLaughlin's alarm on his detached garage went off, he investigated the situation and saw a man running from the building along a dark, dirt alleyway. McLaughlin then opened fire, hitting the thief, David Bailey, in the back of the arm. Now, two years after the shooting, Bailey has filed a civil suit claiming McLaughlin acted recklessly in firing the gun.

According to the complaint, “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.”

Bailey further contends that McLaughlin told neighbors he “had no idea what he was firing at.”

The complaint concludes that McLaughlin “owed the plaintiff a duty to exercise reasonable care when he exited his property and began firing 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.”

The lawsuit claims the suspect never actually entered the homeowner’s garage and is seeking an unspecified amount of damages.

—Source:  ktla.com (Los Angeles, CA)