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 according to Fox News.com.
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."
