Published October 25, 2012
A 90-year-old California man who was shot during an alleged burglary has reportedly been sued by the admitted methamphetamine addict who allegedly shot him.
The Marin Independent Journal reports that Samuel Cutrufelli, 31, claims Jay Leone “negligently shot” him during a January confrontation inside Leone’s home in Greenbrae. Authorities have said Cutrufelli entered the home and put a gun to Leone’s head before binding the elderly man with a belt and rummaging through the residence for valuables.
Leone said he was able to wriggle his hands loose before convincing Cutrufelli to let him use the bathroom. He then grabbed one of the five handguns from his bedroom and spotted Cutrufelli in his closet. Cutrufelli, in turn, allegedly fired his gun, striking Leone in the jaw. Leone then fired back before Cutrufelli wrestled his gun away and put the gun to Leone’s head and pulled the trigger — but no bullets remained in the gun.
Both men were hospitalized for an extended period following the gun fight. Cutrufelli 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,” the newspaper reports.
Cutrufelli, a father of two who has been charged with two counts of attempted murder against Leone, is nearing the end of his criminal trial. The negligence lawsuit was filed on his behalf by his father and his criminal defense attorney, who said Cutrufelli is addicted to meth.
"He's the one who busted my door in," Leone told the newspaper when informed about the lawsuit. "I'll just countersue him then. That's what I'll need to do."