Burglar suing victim for shooting him

Victim Leone/CBS San Franciso

California man shot in face by alleged burglar sued for shooting back

NY Daily News: A California man retaliated after an alleged burglar shot him in the head — and got sued for it. Samuel Cutrufelli, 31, allegedly broke into 90-year-old Jay Leone’s house  and shot him in the jaw. Leone fired back at Cutrufelli, who is now bringing a  lawsuit against Leone for shooting him “negligently.”

Cutrufelli, who faces attempted murder charges for the incident, is seeking  compensation for “great bodily injury, and other financial damage, including  loss of Mr. Cutrufelli’s home, and also the dissolution of Mr. Cutrufelli’s  marriage.”

But Leone thinks the lawsuit is ridiculous. “He’s the one who busted my door  in,” Leone said. “I’ll just countersue him then. That’s what I’ll need to  do.”

The gunfight took place around 10:45 a.m. on Jan. 3 in Greenbrae, Calif.  Cutrufelli allegedly kicked in Leone’s door and held him captive at gunpoint.  Then Cutrufelli rummaged through the room in search of valuables, reported the Marin Independent Journal.

Leone persuaded Cutrufelli to let him use the bathroom, where he stashed a  .357 revolver for self-defense. When Leone re-emerged with a gun, Cutrufelli shot him in the head. “He opened up on me,” Leone said. “He got me on the first shot.”

Before Leone fired back, Cutrufelli reportedly begged for mercy. “After he shot me, I looked him straight in the eye,” Leone told CBS 5. “He says, ‘Don’t kill me. Don’t kill me… I’ve got a daughter!’ I said, ‘f- you … pow, pow, pow, pow!'”

Leone hit Cutrufelli three times before the alleged burglar grabbed Leone’s  gun from his hands, held it to Leone’s head and pulled the trigger, but all of  the bullets were already fired. “And then he got all panicky. He ran out the door,” Leone said.

Police later found a bloody Cutrufelli in his car close to Leone’s home.  Both men received medical attention for bullet wounds.

Cutrufelli was sentenced to six years in prison for assault with a deadly  weapon in connection with a separate, 2001 incident. He could be sentenced to  life in prison if convicted of attempted murder in this case.

Absolute madness for this thug criminal to sue his own victim.  I hope the judge throws this case out the window.


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7 years ago

I’m sure it was some piece of shiit attorney that had the great idea to sue..go figure…

Dr. Eowyn
Dr. Eowyn
7 years ago

When a society is not only confused about good vs. evil, right vs. wrong, but inverts those polar opposites, then what we get are not just criminals, but criminals with hutzpah like Samuel Cutrufelli.

But then, that’s what America gets with a POS in the Oval Office who entitled his second (!) memoir “The Audacity of Hope.”

A synonym of the yiddish word hutzpah is audacity. A simpler word for audacity is gall.

7 years ago

The problem was, and always is, gun control.

In this instance, Mr. Leone did not control his firearm properly in order to place six warning shots in the perpetrator’s chest and teeth.

7 years ago
Reply to  Sig94

I’m not sure that I understand this comment. Why would gun control be an issue here? Yes, it is unfortunate that Mr. Leone’s bullets did not incapicitate the intruder for good and “forever,” so that he would never have been able to turn around and try to shoot Mr. Leone with his own gun (since he is an old man and probably does not have the same level of physical strength that the intruder had.) If a liberal judge lets this suit go forward–that’s when good men and women sitting on a jury need to step up to the plate!… Read more »

7 years ago
Reply to  AuntieLulu

Most of us here at FotM define ‘gun control’ as a firm, two-handed grip, thus enabling one to hit whatever it is one is aiming at.

LOL – I think Mr. Leone needs to put in some practice time at his local shooting range.