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91-year-old Marin man who survived gunfight irked his weapons have not been returned
contracostatimes.com ^ | 25 April, 2013 | Gary Klien

Posted on 04/25/2013 3:00:14 PM PDT by marktwain

Now that the man who tried to kill him is off to prison, Greenbrae resident Jay Leone wants his guns and valuables back. But it could take anywhere from a couple of months to several years.

Leone's gun collection, bullets, watches and jewelry are being kept in evidence while the convicted attacker, Samuel Cutrufelli, contemplates an appeal. Cutrufelli, who received a life sentence last week, has 60 days to file a notice of appeal, and the appeal itself could take years.

Leone, 91, was unpleasantly surprised to learn that his belongings would not be returned to him immediately.

"Those guns are worth a fortune," said Leone, 91. "That's stealing from me."

The crime occurred Jan. 3, 2012, at Leone's home on Via La Cumbre. Authorities said Cutrufelli, a methamphetamine user with an assault record, broke into Leone's home, put a gun to his head, tied his wrists, blindfolded him, and rummaged through his bedroom for valuables.

Leone, a gun collector and World War II veteran, testified that he wriggled his hands free, convinced the burglar to let him use the bathroom, and retrieved one of his five guns from the bathroom.

In the ensuing gunfight, Leone was shot once in the face and Cutrufelli was shot several times in the body.

A Marin County jury convicted Cutrufelli, 31, of attempted murder, robbery, burglary and other counts. Last Thursday, Judge Andrew Sweet sentenced him to 86 years to life in state prison.

(Excerpt) Read more at contracostatimes.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: California
KEYWORDS: banglist; ca; defense; donutwatch; guncontrol; home; secondamendment
I remember this case from a bit over a year ago. It is hard to believe that there is evidence that is needed for the appeal.
1 posted on 04/25/2013 3:00:15 PM PDT by marktwain
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To: marktwain
Looks like some valuable guns and other items are eventually going to wind up in some high ranking cop's collection.
Mr. Leone Sir, You are fooked.
2 posted on 04/25/2013 3:05:08 PM PDT by Tupelo (The Government lies, then the media lies to cover up the government lies.)
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To: marktwain
Right then, just withhold taxes until they give the guns bad.

Oh wait, I forgot. We have to play be much stricter rules.

3 posted on 04/25/2013 3:07:25 PM PDT by Wyrd bi ful ard (Gone Galt, 11/07/12)
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To: Tupelo

That is the commie way....look at an 91yo guy and figure you can probably use some ruse to keep his guns till they guy serves his sentence.

I could see some potential for keeping ONE gun, the one he blasted the POS with but keeping them all....that is BS.


4 posted on 04/25/2013 3:09:40 PM PDT by Mouton (108th MI Group.....68-71)
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To: marktwain
Any excuse is a good excuse to disarm any American.


5 posted on 04/25/2013 3:09:45 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: marktwain

The DA and cops are waiting for Mr. Leone to pass away so they can help themselves. This is a common problem suffered by burglary victims everywhere.


6 posted on 04/25/2013 3:09:50 PM PDT by Brad from Tennessee (A politician can't give you anything he hasn't first stolen from you.)
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To: marktwain
"....and Cutrufelli was shot several times in the body."

Moral of the story - several times may not be enough.

If 4 is good, 8 is better.

7 posted on 04/25/2013 3:09:56 PM PDT by SnuffaBolshevik (In a tornado, even turkeys can fly.)
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To: marktwain

There really is no need to keep them if photographic evidence is taken of them. Further the guy who they belong to could sign a document stating that they are his, they were used by him in this attack, etc.

There simply is no reason to other than to deprive a law abiding citizen of their self-defense weapons.


8 posted on 04/25/2013 3:16:06 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: marktwain

Leone is what you call one tough SOB.


9 posted on 04/25/2013 3:17:46 PM PDT by RC one (If you see typos, I'm on an iphone.)
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To: marktwain
I had a firearm confiscated from me in a B.S. law enforcement encounter.

It took a lawsuit, the better part of two years, a periodic effort to make sure they didn't cut it up and a campout outside the building that housed the evidence locker in order to get it back.

At the end of the day, I had a signed letters from the local District Attorney, the state Attorney General, the local Magistrate Court Judge, the local District Court Judge, the U.S. Attorney and a federal judge ordering its return.

Pretty sure it took so long because they had to recover it from some "law enforcement officer" who viewed it as plunder.

10 posted on 04/25/2013 3:18:47 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: marktwain

“That’s stealing from me.”

your gubbamint at work for you!


11 posted on 04/25/2013 3:20:19 PM PDT by TurboZamboni (Marx smelled bad & lived with his parents most his life.)
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To: marktwain

There is absolutely no reason why a photo catalog of the evidence cannot be made.

This is just legalized theft by the authorities. The only way to put a stop to this shiz is to pass statutes requiring photo catalogs be made and evidence returned within a specific time frame after the end of trial.


12 posted on 04/25/2013 3:22:35 PM PDT by Valpal1
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To: Valpal1
Or hang a few thieves. Even if they wear uniforms.

/johnny

13 posted on 04/25/2013 3:25:30 PM PDT by JRandomFreeper (Gone Galt)
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To: SnuffaBolshevik

>>”....and Cutrufelli was shot several times in the body.”

Moral of the story - several times may not be enough.

If 4 is good, 8 is better. <<

With the availability of bullets today that would require cremation to retrieve them for reloading.


14 posted on 04/25/2013 3:31:10 PM PDT by B4Ranch ( There's Two Choices. Stand Up and Be Counted ... Or Line Up and Be Numbered.)
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To: JRandomFreeper

Especially if they wear uniforms.


15 posted on 04/25/2013 3:34:27 PM PDT by Max in Utah (A nation can survive its fools, and even the ambitious. But it cannot survive treason from within.)
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To: SnuffaBolshevik
Moral of the story - several times may not be enough. If 4 is good, 8 is better.

This is why we need high-capacity magazines. It saves the state money, since they don't have to warehouse a predator. It saves us time, and we can get our property back since evidence is no longer required for appeals.

16 posted on 04/25/2013 3:36:41 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: marktwain
Years ago, in a much better time when government actually worked for the people, his belongings would have promptly been returned to him. Now days, it's the convicted criminal who has the upper hand over the victim. You know, to "preserve his rights". The victim's rights? Well......
17 posted on 04/25/2013 3:40:20 PM PDT by jeffc (The U.S. media are our enemy)
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To: marktwain

testified that he wriggled his hands free, convinced the burglar to let him use the bathroom, and retrieved one of his five guns from the bathroom.

In the ensuing gunfight, Leone was shot once in the face and Cutrufelli was shot several times in the body.
= = = = = = = = = = = = = = = = = = = = = =
This Cutru fellow definitely wasn’t the brightest bulb in the box (Providing he knew the guys hands were free...) Did he forget he had left the guy tied up?
If so, the elder gentleman has to be among the great salesmen in the world.

He does need a little more time on the range though.

Doesn’t make any sense LEO is keeping EVERYTHING?


18 posted on 04/25/2013 3:45:48 PM PDT by xrmusn (6/98 --I turn 75 next year- but remember, that's only 24 Celsius. (TKS R. Reagan))
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To: marktwain

They’ll hang onto them until California passes a law saying he can no longer possess them. Then they’ll be “destroyed.”


19 posted on 04/25/2013 3:46:45 PM PDT by informavoracious (The ancient Greeks and Romans thought they were on the "right side of history.")
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To: marktwain

Was working nightwork at the Firehouse in the ghetto one night when we caught a guy stealing the battery from a Firemans car. We held him and called the police. They arrested him and took the battery for evidence.

My buddy had to buy a new battery next day and swore that if it happened again he would just whip the thiefs ass and send him along on his way.

While working there I lost the radio out of my care and two toolboxes out of the trunk. A lot of others lost a lot of things . Just part of working in the Jungle.


20 posted on 04/25/2013 4:29:25 PM PDT by Venturer
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To: marktwain

I scoff at the notion the cops should be permitted simply to RETURN his property.

I think also that each day that passed after he demanded them back should be assessed as a RENTAL of EACH.

This activity happens because the activity is NOT now expensive.

And it SHOULD be.


21 posted on 04/25/2013 4:35:57 PM PDT by gaijin
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To: informavoracious

Appeals can only address the application of the law. Facts as found in the original trial cannot be re-interpreted. I see no reason to hold evidence for possible appeals.


22 posted on 04/25/2013 4:43:06 PM PDT by liberteeny
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To: marktwain

F’ing gubmint!


23 posted on 04/25/2013 5:11:01 PM PDT by MistrX
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To: marktwain

It’s not. The government employees don’t want to return the possessions they *stole* from this poor man.


24 posted on 04/25/2013 10:09:03 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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