Burglar sues homeowner who shot him after break-in

DUNKIRK, IN -- An Indiana man is being sued by a person who tried to break into his home and rob him.

Two years ago, a burglary suspect set off an alarm on a detached garage in Dunkirk, Indiana. The homeowner saw the man running away, pulled out a gun and opened fire, wounding the would-be thief.

The homeowner, David McLaughlin, was later convicted of criminal recklessness. The suspect, David Bailey, pleaded guilty to burglary.

Bailey recently filed a civil suit against McLaughlin, claiming he never entered the homeowner's property. The lawsuit said it was reckless for the homeowner to chase him and continue to shoot. It said McLaughlin had a responsibility to exercise reasonable care once they were off his property.

McLaughlin's attorney, Brian Pierce, called the lawsuit ridiculous.

"You don't ordinarily expect someone to burglarize your home and turn around and sue you for damages," Pierce said. "I think the claim is absurd. In Indiana, every homeowner has a right to defend their property and that may include using a firearm."