COLORADO SPRINGS, Colo. (AP) – A shoplifter who was shot in the face after stealing a bottle of vodka from a Colorado Springs liquor store is suing the shop owner.

The Gazette reports that the shoplifter is seeking at least $100,000 for pain and suffering. Bryson Adrian Dewberry was shot in the jaw two years ago by Chang Ho Yi, the owner of Austin Bluffs Plaza Liquor.

According to a lawsuit filed in early October, Yi witnessed the 2010 theft and pursued Dewberry out of his store with a loaded .357 revolver, which fired as Dewberry was in the backseat of a getaway car.

Dewberry’s lawsuit alleges that Yi behaved “negligently and recklessly.” Yi was initially arrested on suspicion of attempted murder, but a grand jury declined to charge him.

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