Is this only happening in ANTI-liberty states? Robber sueing home owner for shooting

(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."

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Freedom1Man said:

Burglar sues Calif. homeowner, 90, who returned fire
http://www.cbsnews.com/news/burglar-sues-calif-homeowner-90-who-returned-fire/


Please read the rest of the article that I have linked to.

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.

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Lasjayhawk said:

2 years old...
Judge threw out the civil suit and the guy got 86 years to life for the attempted robbery/murder

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davidmcbeth said:

A judge with common sense isn't so common.

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davidmcbeth said:

The homeowner will likely PAY ... a 6K settlement ... unless their homeowners insurance cover legal fees for this

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A severe degree of negligence taken as reckless disregard. Blatant indifference to one’s legal duty, other’s 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.

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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.

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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.

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