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Burglar sues homeowner who shot him

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Burglar sues homeowner who shot him

Old 04-26-16, 03:22 PM
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Burglar sues homeowner who shot him

http://www.thestarpress.com/story/ne...-him/83418638/

PORTLAND – 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.

On 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.

While Bailey pleaded guilty to a related burglary charge last year, in the lawsuit he contends he “had not entered (McLaughlin’s) garage” and “never entered the defendant’s garage for the purpose of stealing property.”

The suit alleges Bailey was in an alley behind McLaughlin’s home when the homeowner “exited his residence and began firing his weapon into the air in response to a security alarm sound in his garage.”

As Bailey fled down an alley, McLaughlin “continued to the public-right-of-way (and off his property) and continued firing his weapon down the dark alley,” the suit says.

Three shots were fired at Bailey, the suit contends. One narrowly missed the Albany man’s head. Another struck him in the back of the arm and pierced an artery, causing “serious and permanent damage.”

The lawsuit asks for “a monetary award in an amount sufficient to compensate (Bailey) for all damages."

An attorney for McLaughlin has not yet entered an appearance in the case, and no related hearings have been scheduled.
If your chasing after someone shooting at them then yeah.. I think you've overdone it a bit. I think he should be found guilty and forced to give a hearty apology. Not just a "sorry I shot you after you tried to rob me" type of apology but with real fake remorse!
Old 04-26-16, 04:27 PM
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Re: Burglar sues homeowner who shot him

There's stand your ground but if the burglar/assailant is not a threat, meaning they're running away, you cannot shoot them. So when I see the words "fleeing" then it leads me to believe that he was running away. You cannot shoot fleeing suspects.
Old 04-26-16, 04:46 PM
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Re: Burglar sues homeowner who shot him

If the burglar was indeed fleeing and on public property when he was shot, homeowner was in the wrong.
Old 04-26-16, 05:04 PM
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Re: Burglar sues homeowner who shot him

Seems the criminal court would agree... I suspect the civil one will too in the new suit.
Old 04-26-16, 05:25 PM
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Re: Burglar sues homeowner who shot him

Originally Posted by Why So Blu? View Post
There's stand your ground but if the burglar/assailant is not a threat, meaning they're running away, you cannot shoot them. So when I see the words "fleeing" then it leads me to believe that he was running away. You cannot shoot fleeing suspects.
That's not entirely true, but the circumstances are very very limited.
Old 04-26-16, 06:06 PM
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Re: Burglar sues homeowner who shot him

More information is needed in order to determine guilt or innocence. You just know there's more to this story being witheld from both sides, conveniently, of course...
Old 04-26-16, 06:32 PM
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Re: Burglar sues homeowner who shot him

Originally Posted by zyzzle View Post
More information is needed in order to determine guilt or innocence.
The homeowner is a guy, so he's obviously guilty. But we need to determine the innocence of his wife or hot daughter(s), if any.
Old 04-26-16, 06:45 PM
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Re: Burglar sues homeowner who shot him

So the burglar plead guilty to burglary, but now he's saying he wasn't burglarizing, I call bullshit there. But the guy doing the shooting was in the wrong for spewing bullets while said burglar was on public property. It would be a bit different if said burglar was still burglarizing the guy's property as opposed to fleeing on down the road. They're both guilty, of being dumbasses.
Old 04-26-16, 06:45 PM
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Re: Burglar sues homeowner who shot him

Originally Posted by Why So Blu? View Post
There's stand your ground but if the burglar/assailant is not a threat, meaning they're running away, you cannot shoot them. So when I see the words "fleeing" then it leads me to believe that he was running away. You cannot shoot fleeing suspects.
Actually, you can shoot them. He certainly did. Perhaps you mustn't shoot them, if you wish to stay perfectly in the law.

Old 04-26-16, 06:49 PM
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Re: Burglar sues homeowner who shot him

I thought this was a Grumble thread. And yes, the burgler is wholly in the right on this one.
Old 04-26-16, 07:06 PM
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Re: Burglar sues homeowner who shot him

they should let bargler shoot homeowner in the BUTT
Old 04-26-16, 08:20 PM
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Re: Burglar sues homeowner who shot him

how is bargler formed?
how is bargler formed?
Old 04-27-16, 11:44 AM
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Re: Burglar sues homeowner who shot him

Originally Posted by General Zod View Post
http://www.thestarpress.com/story/ne...-him/83418638/

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On 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.

While Bailey pleaded guilty to a related burglary charge last year, in the lawsuit he contends he “had not entered (McLaughlin’s) garage” and “never entered the defendant’s garage for the purpose of stealing property.”
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Originally Posted by kd5 View Post
So the burglar plead guilty to burglary, but now he's saying he wasn't burglarizing, I call bullshit there. But the guy doing the shooting was in the wrong for spewing bullets while said burglar was on public property. It would be a bit different if said burglar was still burglarizing the guy's property as opposed to fleeing on down the road. They're both guilty, of being dumbasses.
I got the impression from the original article that the burglar pled guilty to some different burglary charge, since it is called "related", I'm assuming there might've been a rash of burglaries in that neighborhood, but the guilty plea wasn't associated with the burglary in question.

I agree that shooting a fleeing individual, even if you saw them burgling your garage, isn't acceptable, and would imagine this homeowner will be paying for this one.
Old 04-27-16, 11:48 AM
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Re: Burglar sues homeowner who shot him

Found a pic of the shooting victim, spoilerized for size...

Spoiler:
Old 04-27-16, 12:25 PM
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Re: Burglar sues homeowner who shot him

Ten bucks say it's the lawyers who pushed for the civil suit. There is no way the burglar is smart enough to know hey maybe I should file for a civil suit. Probably some ambulance chasers contacted him and offer to represent for a cut. And the burglar is like, sure what do I have to lose.
Old 04-27-16, 07:04 PM
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Re: Burglar sues homeowner who shot him

Did you see the way he was dressed? Black pants, striped shirt, and a ski mask. Carrying a big canvas bag, and out burglaring. He was asking to get shot!
Old 04-27-16, 07:14 PM
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Re: Burglar sues homeowner who shot him

Must be the angles of that picture. Looks different than the one I found ...

Old 04-28-16, 11:14 AM
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Re: Burglar sues homeowner who shot him

If your career is to be a burglar, then you deserve to be shot by an angry homeowner. The homeowner didn't necessarily shoot the crook after the crook had exited his property. The article only states that the lawsuit "alleges" that he had already left the property. Can't really take a theifs word on it though as he is the one filing the lawsuit. Wouldn't he have to prove that he was no longer on the property when he was shot?
Old 04-28-16, 02:18 PM
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Re: Burglar sues homeowner who shot him

Originally Posted by movieguru View Post
The homeowner didn't necessarily shoot the crook after the crook had exited his property. The article only states that the lawsuit "alleges" that he had already left the property. Can't really take a theifs word on it though as he is the one filing the lawsuit. Wouldn't he have to prove that he was no longer on the property when he was shot?
Observe:

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.
I think that pretty much nails the coffin shut on his shooting being reckless and unlawful.

Doesn't really matter if the burglar was still on his property or not. You have a property crime that occurred outside the actual residence, the burglar was fleeing and there was zero reasonable threat of death or serious bodily harm to the shooter or any member of his household. Also, this did not occur in Texas.
Old 04-28-16, 08:44 PM
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Re: Burglar sues homeowner who shot him

Originally Posted by jfoobar View Post
Observe:



I think that pretty much nails the coffin shut on his shooting being reckless and unlawful.

Doesn't really matter if the burglar was still on his property or not. You have a property crime that occurred outside the actual residence, the burglar was fleeing and there was zero reasonable threat of death or serious bodily harm to the shooter or any member of his household. Also, this did not occur in Texas.
I assume the laws vary by state, but in some states you cannot recover damages if you are injured in the act of committing a felony. The homeowner may have been charged with recknessless in the shooting but the article does not specify if the recklessness was him shooting the first shot in the air. Shooting at the felon may not have been reckless.
Old 04-28-16, 11:16 PM
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Re: Burglar sues homeowner who shot him

Picture of the burglar's lawyer:

Old 04-29-16, 09:42 AM
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Re: Burglar sues homeowner who shot him

Originally Posted by Norm de Plume View Post
I thought this was a Grumble thread. And yes, the burgler is wholly in the right on this one.
except for the whole burglary part.
Old 04-29-16, 10:39 AM
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Re: Burglar sues homeowner who shot him

If he had stolen the gun, none of this would have happened.
Old 04-29-16, 10:29 PM
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Re: Burglar sues homeowner who shot him

Originally Posted by RoyalTea View Post
except for the whole burglary part.
Posh, it's just semantics. You say "burglary" and I say "liberation of sovereign property."
Old 04-29-16, 10:47 PM
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Re: Burglar sues homeowner who shot him

Since it's Portland, the burglar should have been charged with Capitalism (i.e., trying to steal something for himself and not distributing his stolen accumulation with his community).

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