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.
The story does not say if the suit will be heard, but really the problem is now the old guy has to pay a lawyer to show up in court even if the judge throws it out. Having a judge do that is not a foregone conclusion.
This is exactly what the Castle Doctrine is designed to stop. The only reason we even need such a thing is that judges cannot be relied upon to use their friggin' heads in cases like this. In the past, guys like this robber have won large settlements from the people they robbed.
Just thought y'all might want to know.