A Convicted Burglar Files a Lawsuit Against his Victim / Homeowner claiming that he, the Burglar, suffered “serious and permanent damage” after he was shot in the arm as he fled the scene of the… Scroll down to read more!



This is an amazing story… One that leaves me like this….




Meet 31 y/o David Bailey.  That’s him below…




On April 21, 2014, Bailey broke into David McLaughlin’s garage in Dunkirk, Indiana. When he became aware that he had been discovered. Bailey fled, and while he fled McLaughlin fired gunshots at Bailey, hitting him with a bullet in the left arm as he ran through an alley.  McLaughlin (pictured below) was also arrested that night, being charged with “criminal recklessness” for his decision to shoot at a Bailey as he was fleeing. 




McLaughlin was found guilty by a jury (he went to trial and lost) while Bailey pleaded guilty to burglary, and in the aftermath Bailey has now filed a civil lawsuit against the man who’s property he was burglarizing seeking “a monetary award in an amount sufficient to compensate (Bailey) for all damages”.  Not withstanding his guilty plea in criminal court Bailey reportedly claimed in his lawsuit that he “had never entered the defendant’s garage for the purpose of stealing property”.  Bailey reportedly claimed that he was fleeing through 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.”  The lawsuit reportedly claims that McLaughlin “continued to the public-right-of-way (and off his property) and continued firing his weapon down the dark alley”.  The lawsuit reportedly states that McLaughlin “owed the plaintiff a duty to exercise reasonable care when he exited his property and began firing gunshots down a dark alley.”  McLaughlin reportedly fired three shots at Bailey, one narrowly missing Bailey’s head and another hitting him in the back of the arm, piercing an artery and causing “serious and permanent damage”.



McLaugh’s attorney, Brian Pierce, has called the lawsuit “outrageous”, reportedly stating that: “My client thinks it’s outrageous and I tend to agree.  You don’t ordinarily expect someone to burglarize you and turn around and sue you for damages.  I think the claim is absurd. In Indiana every homeowner has a right to defend their property and that may include using a firearm.”  





Memo to David Bailey:   Fyi…




Memo to David Bailey continued:  Don’t do the crime if you can’t do the time (or suffer the consequences…)… No… Don’t do it!




For 25 years years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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    July 26, 2017
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    April 10, 2017
  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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