Burglar sues Calif. homeowner, 90, who returned fire
Please read the rest of the article that I have linked to.(CBS) GREENBRAE, Calif. - A Northern California homeowner who police say survived being shot in the jaw during a burglary is now getting a "punch in the gut": The burglary suspect is suing him for returning fire.
The Marin Independent Journal reported the suspect alleges that Jay Leone, who is 90-years-old, negligently shot the intruder.
According to CBS San Francisco, suspect Samuel Cutrufelli is charged with two counts of attempted murder after Leone was shot in the face on Jan. 3. Police said Cutrufelli was wounded when Leone returned fire.
Leone has vowed to countersue. In an exclusive January interview at his bedside at Marin General Hospital, Leone told CBS San Francisco he had to outwit the burglar who held him captive at gunpoint.
According to Leone, the incident began when Cutrufelli kicked in the door, of his Marin County home. Leone said he was ordered not to move as the house was scoured for valuables. But after awhile, Leone insisted that he had to use the bathroom, and convinced his captor to let him go, CBS San Francisco reported.
It was a ruse. Leone had a .357 revolver stashed in the bathroom. He grabbed it and ran back and pointed it at the burglar.
The burglar fired once, hitting Leone in the cheek.
"He opened up on me," said Leone. "He got me on the first shot."
Any judge who allows this into court should be run out of town on a rail.
Any lawyer who takes this case should be disbarred.
That is my opinion.
Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)
"I support the ban on assault weapons" - Donald Trump
We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission - Ayn Rand
California...who wudda thunk it.
"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.
"Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare
The homeowner will likely PAY ... a 6K settlement ... unless their homeowners insurance cover legal fees for this
2 years old...
Judge threw out the civil suit and the guy got 86 years to life for the attempted robbery/murder
I stopped stocking for the zombie apocalypse. I now stock for the liberal apocalypse.
Homeowner's insurance only pays for "accidents" - those things that a reasonable and prudent individual could not forsee happening.
Shooting somebody is not an "accident" (unless you can get an expert witness to explain how the gun "just went off all by itself" when you were nowhere near it). Shooting the home invader was a deliberate action. Under the circumstances I would see the best tilecrawler(s) having a difficult time proving gross negligence, let alone mere negligence.
http://thelawdictionary.org/negligence/A severe degree of negligence taken as reckless disregard. Blatant indifference to oneís legal duty, otherís safety, or their rights are examples. There is no specific legal definition, but if one drives recklessly and kills another, it is applied as involuntary manslaughter.
Additionally, my tilecrawler would bring up the law about a person being prohibitted from profitting from their crime.NEGLIGENCE. The omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do. or doing something which a prudent and reasonable man would not do. It must be determined in all cases by reference to the situation and knowledge of the parties and all the attendant circumstances. Nitroglycerin Case, 15 Wall. 536, 21 I* Ed. 206; Blythe v. Birmingham Waterworks Co., 11 Evch. 7S4. Negligence, in its civil relation, is such an inadvertent imperfection, by a responsible human agent, In the discharge of a legal duty, as immediately produces, in an ordinary and natural sequence, a damage to another.
That means all his medical care was on the taxpayers' dime, so he is not out for those expenses. As for "pain and suffering" and "mental anguish" and "damage to reputation and character" - puhleeze!Cutrufelli [the now-convicted home invader]called police claiming he had shot himself. They took him to a hostpial for treatment, but also arrested him on suspicion of burglary and attempted murder.
"He'll regret it to his dying day....if ever he lives that long."----The Quiet Man
Because stupidity isn't a race, and everybody can win.
"No matter how much contempt you have for the media in all this, you don't have enough"