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Greenbrae shooting defendant sues 90-year-old man who was shot(CA)
marinij.com ^ | 23 October, 2012 | Gary Klien

Posted on 10/25/2012 5:25:45 PM PDT by marktwain

A 90-year-old Greenbrae 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."

Cutrufelli shot Leone once in the face during the alleged burglary, and Leone returned fire, hitting Cutrufelli several times. Both men were hospitalized for an extended period after the gun battle.

Cutrufelli, whose charges include two counts of attempted murder against Leone, is near the end of his criminal trial. The negligence lawsuit was filed on his behalf by his father and his criminal defense attorney.

"He's the one who busted my door in," he said. "I'll just countersue him then. That's what I'll need to do."

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.

When police found Cutrufelli bleeding in his car a short distance from Leone's home, he said he had shot himself and needed medical attention, Twin Cities police said.

Cutrufelli could face life in prison if convicted of the charges. His lawyer, Sanford Troy, said Cutrufelli is a methamphetamine user, that the incident was a drug deal gone sideways, and that Leone shot him in the back when he was trying to flee.

Cutrufelli, a father of two, is a Petaluma resident with Novato roots.


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: California
KEYWORDS: banglist; ca; defense; home
Criminals lie.
1 posted on 10/25/2012 5:25:47 PM PDT by marktwain
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To: marktwain

Now if the perp had been eliminated, there wouldn’t be all this nonsense, and we wouldn’t have to pay for his room and board for the rest of his life.


2 posted on 10/25/2012 5:28:43 PM PDT by Thorliveshere
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To: marktwain

The lawyer should be sued for everything he has for bringing this suit to court.


3 posted on 10/25/2012 5:30:10 PM PDT by irishtenor (Everything in moderation, however, too much whiskey is just enough... Mark Twain)
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To: marktwain

Lesson to be learned here:

Empty the clip.


4 posted on 10/25/2012 5:33:19 PM PDT by freedumb2003 (We can’t just leave it (food choice) up to the parents. -- moochele obozo 2/12/2012 (cnsnews))
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To: marktwain

90-year-old drug dealers? Maybe in Marin County, but I don’t think they are common elsewhere.


5 posted on 10/25/2012 5:39:56 PM PDT by Verginius Rufus
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To: freedumb2003
Lesson to be learned here:

However this poor guy was in a fight for his life and is certainly lucky to be alive.
6 posted on 10/25/2012 5:44:40 PM PDT by tpmintx (Problem: People who work for a living are almost outnumbered by those who VOTE for a living (47%).)
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To: irishtenor

Why is a suspect in a crime even ALLOWED to sue????? That’s the question!


7 posted on 10/25/2012 5:45:49 PM PDT by leaning conservative (snow coming, school cancelled, yayyyyyyyyy!!!!!!!!!!!)
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To: irishtenor

You betcha and any judge that would listen to this crap in his courtroom should be kicked off the bench.


8 posted on 10/25/2012 5:47:08 PM PDT by Dawgreg (Happiness is not having what you want, but wanting what you have.)
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To: irishtenor

The lawyer should lose his license to practice law.


9 posted on 10/25/2012 6:26:18 PM PDT by La Lydia
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To: irishtenor

The lawyer should lose his license to practice law.


10 posted on 10/25/2012 6:27:04 PM PDT by La Lydia
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To: marktwain

the criminal is correct, the victim was “negligent”, he should not have missed the bulls eye


11 posted on 10/25/2012 6:37:55 PM PDT by Wuli
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To: marktwain

Lock him and his lawyer up for life. It would stop a lot of this legal bulls*t in its’ tracks


12 posted on 10/25/2012 7:03:15 PM PDT by Figment
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To: leaning conservative

Why is a suspect in a crime even ALLOWED to sue????? That’s the question!

Why is a lawyer who would file this case allowed to practice? They should be incarcerated in the same cell for life


13 posted on 10/25/2012 7:06:50 PM PDT by Figment
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To: marktwain

In all fairness, if I was 90 years old and have been shot in the jaw, I would be amazed that I had managed to plug the shooter at all. However, even at 90, I would hope to have more common sense than to just have a bullet or two in my gun.

All told, perhaps we need a law that one you are over a certain age, you should have a much less expensive license for a machine pistol.


14 posted on 10/25/2012 7:08:00 PM PDT by yefragetuwrabrumuy (DIY Bumper Sticker: "THREE TIMES,/ DEMOCRATS/ REJECTED GOD")
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To: marktwain
the judge should be removed from the bench.
15 posted on 10/25/2012 7:20:00 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: freedumb2003
Empty the clip.

It sounds like he did (God bless him). From the story: 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.

16 posted on 10/25/2012 8:28:13 PM PDT by rockrr (Everything is different now...)
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