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Burglary Suspect Sues Homeowner for Shooting Back

By Andrew Lu on October 29, 2012 | Last updated on March 21, 2019

A suspected burglar and attempted murderer has brought a lawsuit against the man he allegedly tried to kill.

Apparently, the burglar did not like that his intended victim shot back at him, reports CBS News.

You know this country is overly litigious when even suspected criminals can sue their alleged victims for violence. The plaintiff/criminal suspect, Samuel Cutrufelli, allegedly kicked in the door of 90-year-old Jay Leone's California home. Leone was ordered not to move as Cutrufelli scoured the house for valuables.

After some time, Leone told the burglar that he needed to use the bathroom. But instead of a potty break, Leone went to retrieve his .357 revolver.

Leone allegedly emerged from the bathroom with the revolver and pointed it at the burglar. Cutrufelli then took the first shot and hit Leone in the cheek, reports CBS News. Leone, a former sheriff's deputy, returned fire as Cutrufelli begged for his life.

As Leone tells it, "I looked him straight in the eye. He says, 'Don't kill me. Don't kill me... I've got a daughter!' I said, 'F- you ... pow, pow, pow, pow!'"

While Leone hit Cutrufelli with three of the shots, the criminal suspect allegedly rushed Leone, wrestled him to the floor, and then tried to kill Leone with his own weapon. But when Cutrufelli pulled the trigger, his weapon was out of ammo.

Cutrufelli eventually escaped and called for medical treatment, claiming that he'd shot himself. However, police promptly arrested him for suspicion of burglary and attempted murder, reports CBS.

Perhaps smarting over being outsmarted by his 90-year-old victim, Cutrufelli filed a lawsuit claiming that Leone negligently shot him. Given California's self-defense laws, Leone likely had a pretty good reason to fire at the suspected burglar who'd already broken into his home and shot at him.

Leone may soon fire back at his alleged attacker yet again: He says he's going to file a countersuit against the suspected burglar.

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