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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It actually seems like an appropriate punishment since the man did not pose an immediate threat to the homeowner since he was fleeing the scene. The fact that the homeowner fired in a public alleyway means that he endangered civilians that either might have been in the immediate area or nearby within the range of a stray round. Anger is not an excuse for firing your weapon at someone.
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