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.

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