WWII Vet Sued by Burglar Who Shot Him in the Face
A country run by moonbats is a great place to live — for criminals. It’s not such a great place for the WWII veterans they shoot in the face during burglaries:
A 90-year-old Greenbrae [California] man who was shot in the head during an alleged burglary has been sued by the alleged burglar.
Samuel Cutrufelli, who was also shot during the incident, claims Jay Leone “negligently shot” him during the confrontation inside Leone’s home.
Cutrufelli, 31, claims Leone caused him “great bodily injury, and other financial damage, including loss of Mr. Cutrufelli’s home, and also the dissolution of Mr. Cutrufelli’s marriage.”
The heart bleeds. Here’s what happened:
The incident occurred at about 10:45 a.m. Jan. 3 at Leone’s home on Via La Cumbre. Authorities said Cutrufelli entered the home, put a gun to Leone’s head, tied his hands with a belt and rummaged through his bedroom for valuables.
Leone said he was able to wriggle his hands free, then convinced the burglar to let him use the bathroom. Then he got one of the five handguns stashed in his bathroom, sneaked back to the bedroom and spotted Cutrufelli in his closet.
Cutrufelli allegedly fired his gun, hitting Leone in the jaw area, and Leone fired back. Cutrufelli then wrestled his gun away, put it to Leone’s head and pulled the trigger, but no bullets were left in the gun.
True enough, Leone was negligent in shooting Cutrufelli. That is, he was negligent in shooting him without killing him.
The judge responsible for putting Leone through this expensive farce by not laughing the suit out of court ought to go in the cell next to Cutrufelli’s.
On tips from Artfldgr, Bob Roberts, and AC.
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How about setting the meth addict loose with a loaded shotgun inside the judge’s home?
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It is not an accident that our legal system is known as CRIMINAL Justice. It seems like only the criminals have rights!
And because this happened in the Land of Fruits and Nuts, there is a better than average chance that the homeowner will be held libel, and lose money or freedom to this piece of human debris!
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This is what happens when you don’t aim properly. Perp lives to sue you in court.
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There’s a nice spot waiting for the Judge in the Ever-after, in a very warm place not too far from Stalin.
Three shots, always. None less.
counter sue for malicious prosecution
I’d also like to see this judge brought up before the judicial review board for not throwing this out once the briefs were submitted. What an asshat.
Did anyone set up a legal fund for the Veteran?
Louisiana Steve, do not forget placement!
“Negligently shot?” Returning fire isn’t “negligent”, it’s the most responsible use of a gun imaginable. The only thing he neglected to do in my book is finish the bastard off, but there’s no law against negligently holding fire.
I have to say, for 90-years-old, that guy looks pretty dang good and obviously still has some good kick left in him!
Setting aside Mr. Leone’s defenses to the negligence tort for a moment, he should file a cross complaint including assault, battery, false imprisonment, trespass to land, and trespass to chattels; all of which should be slam-dunk claims. Now, Mr. Leone’s attorney could use one or more defenses against the criminal invader’s absurd claims of negligence: Assumption of risk, Comparative negligence, Self-defense, and/or Defense of property.
Henry, does that ‘rest of the world’ law work in Kalifornia?
Sorry, but it appears Leone may be in a bind.
California adopted what is dubbed “softer Castle doctrine”
So it appears the spook just has to claim his motive was theft
http://source.southuniversity.edu/castle-doctrine-from-state-to-state-46514.aspx
Whether Leone lives or dies, or even if the perps were armed is irrelevant to the libs running that insane assylum
Aside from all that, it’s way past time for the US to defund the UN, then boot the euroleeches out of NY. We’ve supported these moonbats long enough. Let europe feed and house the high-maintenance beggars.
The lawyer that took this case should be disbarred.
Moral of the story: If a meth-head scumbag breaks into your house, make sure he leaves the premises in a baggy!
That’s just one more reason I’m happy I live in the gun-clinging, Bible-thumping, ‘baccy-chewin’, huntin’and fishin’ state of Arizona.
Our laws regarding using deadly force side with the homeowner, not the intruder. In AZ, it’s ‘shoot first and ask questions never’. There are a whole lot of elderly people and kids who got off the first shot and thereby stopped a probable rape/robbery/assault dead in its tracks. And I do mean ‘dead’.
FYI: Arizona has a proposition on the Nov ballot to amend the state constitution to ensure that such atrocities as this do not occur in Arizona. It should pass by a landslide.
Once the meth head fired that first shot, Castle Doctrine becomes irrelevant. It becomes a matter of plain old self-defense. Aside from that, under California self-defense law, once an intruder actually enters your home, there’s an automatic presumption of reasonable fear of imminent harm or danger. Meth heads don’t need to fire the first shot, or even have intent to commit harm or death. Currently, in the eyes of California law, if they’ve intruded into your home, they are presumed to be there to cause harm or death.
California’s “soft Castle Doctrine” means that the principles of Castle Doctrine (no duty to retreat) only apply in your home, where as in other jurisdictions those principles can apply any place you are lawfully allowed to be, e.g on the street, at the shopping mall, etc.
According to the article linked, Mr. Leone is not being charged with any criminal actions, only a civil case of negligence filed by the meth head’s father and his shyster criminal defense attorney. Chuck, my proposal for counter claims only apply to the civil torts committed, but yes, those legal principles apply in Kalifornia… for now.
The day of relying on the cops to be there and the justice system to protect the law abiding are over. The only thing left is to protect yourself and family at all costs. No more mercy for those who will harm you and no regard to law enforcement to report any attempt on you or family.
Does it mean I would kill someone for stealing my Romney yard sign NO, but if I were to stick my head outside my house at 2 am you better believe I will be armed and will shoot the SOB that move towards me.
Anne says:
October 26, 2012 at 8:56 am
“I have to say, for 90-years-old, that guy looks pretty dang good and obviously still has some good kick left in him!”
Move over sister, I saw him first!
Hey Leone, LARGER caliber next time!
I love Arizona. A friend of mine popped an intruder and the Sherrif handed his pistol back before he left.
I have a back hoe and would be diggin my pool at 3am.
then decide thats not where I wanted it and still be on time at work at 7.
2012/2013,,,,,,,,,,,,
should have killed him.
Just happened. My good friend who has a CWP was trying to drive through a parking lot at the mall. A crazy lady talking with man was standing in the lane between both sides of parking lot & would not get out of the road. He waited, and waited, She just glared at him. He barely blipped the horn, and waited, She just glared at him. He stuck his head out the window & asked if she could just take a step or two over so he could pass on. She just glared at him. He moved his vehicle slowly forward, she would not move. He touched her with his car going less that 1 mph, she started stumbling & screaming that he hit her and was injured, then started beating on his car, denting it. He pulled his gun & told her to stop. She did stop, but then started screaming that he’s got a gun. He drove off, contacted mall security to tell them what happened & that she vandalized his car, and wanted to make a report.
Cops were called, HE was arrested, thrown in jail & is in a world of hurt now. Felony charges. Family man, responsible citizen, never been in trouble a day in his life.
Be careful out there guys.
OK, Andrea Mitchell, I will back off gracefully!!
I don’t want to move to California anyway!!
But, seriously, he looks great for 90. He looks like he has a great personality too!!
It used to be “Never wound a King.”
Now it’s “Never wound a burglar.”