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A convicted burglar is suing an Indiana homeowner who shot him during an attempted break-in two years ago.

According to authorities, David Bailey broke into David McLaughlin's Dunkirk, Indiana, garage in April 2014.

McLaughlin heard the alarm go off, saw a man running away from the garage and opened fire.

Bailey was hit in the arm as he fled down an alley.

In September 2014, McLaughlin was found guilty of criminal recklessness in the shooting and sentenced to 60 days in jail.

Bailey, who pleaded guilty to burglary, filed a civil suit claiming the gunshot caused "serious and permanent damage" and McLaughlin acted recklessly. Bailey is seeking an unspecified amount of damages.

On "Happening Now," former prosecutor Yodit Tewolde explained that the jury will have to determine if the "deadly force" used by McLaughlin was appropriate, since Bailey was fleeing.

She said the fact that Bailey no longer posed a threat - plus McLaughlin's conviction for criminal negligence - means that the burglar has a legitimate case.

Criminal defense attorney Bob Bianchi, on the other hand, argued that it's "not a good case at all."

He said that McLaughlin technically committed a violation by firing the shots, but jurors will see him as a sympathetic character, a law-abiding citizen who was startled by an intruder.

"We're talking about the difference between law and the reality of a courtroom," Bianchi said, adding that he believes McLaughlin should not have been prosecuted in the first place.

"[Bailey] was a criminal. He was committing a crime. And [McLaughlin] was defending his property ... Sometimes you have to use the rule of reason and understand the circumstances."

Watch more above, and let us know what you think in the comments.


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