Having a burglar break into your home and hold you at gunpoint must be a horrific experience. Getting shot in the face by the burglar is unimaginable. Getting sued by the burglar after he shoots you in the face and you return fire from inside your own home? Well, apparently, that’s just the state of the legal system. It’s exactly what appears to have happened to one elderly California man.
Ninety year old Jay Leone was at his home in Greenbrae, California, when the plaintiff, 31-year-old Samuel Cutrufelli, allegedly broke into his home in broad daylight. The plaintiff kicked in his door and held Mr. Leone at gunpoint while he searched for valuables throughout the home. Unbeknownst to the plaintiff, Mr. Leone had a revolver stashed in his bathroom for personal protection. Mr. Leone retrieved the revolver after he persuaded the plaintiff to let him use the bathroom. When Mr. Leone emerged with the gun, the plaintiff shot him in the jaw. Mr. Leone then fired three shots at the plaintiff, before the plaintiff grabbed the gun from him and put the gun to Mr. Leone’s head. The plaintiff pulled the trigger, but luckily for Mr. Leone the gun was out of bullets. The plaintiff then fled the scene.
Police later found the plaintiff in a car close to Mr. Leone’s home and arrested him. The plaintiff now faces, among other things, an attempted murder charge in connection with the shooting. Mr. Leone has not been charged with any criminal wrongdoing.
Well, now it is Mr. Cutrufelli who suing Mr. Leone. Yes, you read that right. The burglar that is facing attempted murder charges is suing the man he shot in the face. The plaintiff claims Mr. Leone “negligently” shot him. He is seeking damages for “great bodily injury, and other financial damage, including loss of Mr. Cutrufelli’s home, and also the dissolution of Mr. Cutrufelli’s marriage.” Apparently, the lawsuit was filed by the plaintiff’s criminal defense attorney.
It is very doubtful that this case will make it very far. However, if the facts presently known are all true, the mere fact that a licensed attorney filed the lawsuit in the first place is ridiculous. To Mr. Leone’s credit, he seems to be taking the suit it in stride. He told the Marin Independent Journal, “He’s the one who busted my door in. I’ll just countersue him then. That’s what I’ll need to do.”