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.