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Thu Oct 25, 2012, 04:11 PM

Burglar shot 90 yr old resident, old guy shot back, now burglar is suing old guy.

http://rt.com/usa/news/shot-cutrufelli-leone-vet-247/

The article is really long so I will condense it to the main points.

It happened in Greenbrae, CA. Actually the burglar would be a home invader, but burglar is shorter to type, and room in the title line is limited.

Thug (Cutrufelli) busts in door and ties up 90 year old WWII veteran, begins to search home for valuables. Veteran manages to wiggle lose, gets gun, confronts thug. Thug shoots first, hitting old guy in jaw.

Veteran says, "F—- you, you son of a bitch, now it's my turn." and starts shooting.

Shots exchanged, thug wrestles aged veteran to the ground, put gun to vet's head, pulls trigger, "Click", out of ammo. Burglar runs away, gets in car. thug captured by police close to crime scene while in his car, bleeding.

Thug is on trial for attempted murder and other related crimes.

Thug is suing the old veteran claiming, "“negligently shot” the robber in the back, causing “great bodily injury, and other financial damage, including loss of Mr. Cutrufelli’s home, and also the dissolution of Mr. Cutrufelli’s marriage.”


This case well illustrates the value of Castle Doctrine laws. In Castle Doctrine states such suits would be instantly thrown out.

21 replies, 2126 views

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Reply Burglar shot 90 yr old resident, old guy shot back, now burglar is suing old guy. (Original post)
GreenStormCloud Oct 2012 OP
still_one Oct 2012 #1
SleeplessinSoCal Oct 2012 #2
gejohnston Oct 2012 #4
rDigital Oct 2012 #8
SleeplessinSoCal Oct 2012 #10
gejohnston Oct 2012 #17
CokeMachine Oct 2012 #18
SleeplessinSoCal Oct 2012 #19
CokeMachine Oct 2012 #20
hrmjustin Oct 2012 #3
Scuba Oct 2012 #5
oneshooter Oct 2012 #6
Scuba Oct 2012 #7
oneshooter Oct 2012 #9
holdencaufield Oct 2012 #11
ManiacJoe Oct 2012 #12
holdencaufield Oct 2012 #13
trouble.smith Oct 2012 #14
no_hypocrisy Oct 2012 #15
ileus Oct 2012 #16
discntnt_irny_srcsm Oct 2012 #21

Response to GreenStormCloud (Original post)

Thu Oct 25, 2012, 04:12 PM

1. This will also get thrown out

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Response to GreenStormCloud (Original post)

Thu Oct 25, 2012, 04:16 PM

2. NO "Stand your Ground" laws here thank goodness. But this is crazy.

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Response to SleeplessinSoCal (Reply #2)

Thu Oct 25, 2012, 04:30 PM

4. Actually, California has been SYG since

1895 by common law (court precedent) just like US federal law. Several other states became SYG based on court decisions during the Progressive era. Illinois was the first state to actually pass a SYG law in 1961.
Since this happened in the home, SYG is not relevant. Castle Doctrine and SYG are two different things.
http://en.wikipedia.org/wiki/Stand-your-ground_law
http://www.californiajuryinstructions.net/Criminal/CALCRIM/Vol_1/SERIES_500_HOMICIDE/CALCRIM_505_232_Justifiable_Homicide_Self-Defense_or_Defense_of_Another.htm

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Response to gejohnston (Reply #4)

Thu Oct 25, 2012, 06:17 PM

8. Well played, good sir. Well played.

 

Wait till they find out that a person with a CCW in California can carry just about everywhere, including schools.

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Response to gejohnston (Reply #4)

Thu Oct 25, 2012, 07:08 PM

10. Guess I'm moving back to NYC.

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Response to SleeplessinSoCal (Reply #10)

Thu Oct 25, 2012, 08:46 PM

17. unless you plan on violently attacking an armed person

what does it matter? Even with "duty to retreat" if the DA, or a jury thinks you acted reasonable you don't go to jail, which as it should be.

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Response to SleeplessinSoCal (Reply #10)

Fri Oct 26, 2012, 02:16 AM

18. Cool

 

Don't let the setting sun hit you in the backside on the way out. One less person to take the water out of NorCal.

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Response to CokeMachine (Reply #18)

Fri Oct 26, 2012, 02:54 AM

19. and here I was pulling for SF because I was in SF last week for 4 days and caught the fever.

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Response to SleeplessinSoCal (Reply #19)

Fri Oct 26, 2012, 03:09 AM

20. Two down -- Two to go!!!

 

I wish the games started earlier. Too much beer and DU don't mix!! Sorry for jumping on you but it is a strong sentiment north of Marin county. Everything south of Novato is SoCal ( I know Novato is in Marin but it's more Sonoma County than Marin) -- especially since we have to pay to go through SF (GG Bridge). Take Care -- time for a booze snooze!

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Response to GreenStormCloud (Original post)

Thu Oct 25, 2012, 04:17 PM

3. What a horrible story! I hope they throw the burglar in jail and the suit out of court.

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Response to GreenStormCloud (Original post)

Thu Oct 25, 2012, 04:54 PM

5. His lawyer should be disbarred.

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Response to Scuba (Reply #5)

Thu Oct 25, 2012, 05:06 PM

6. Why, he is just doing the job he is being paid for.

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Response to oneshooter (Reply #6)

Thu Oct 25, 2012, 05:32 PM

7. Frivolous lawsuits are a waste of the court's time.

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Response to Scuba (Reply #7)

Thu Oct 25, 2012, 06:25 PM

9. I never said they weren't. He is just doing the job he was paid for.

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Response to GreenStormCloud (Original post)

Thu Oct 25, 2012, 07:12 PM

11. There's a valuable lesson here ...

 

... DOUBLE-TAP, people!

This is no time to be stingy with your bullets.

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Response to holdencaufield (Reply #11)

Thu Oct 25, 2012, 07:24 PM

12. Actually, the lesson is the accuracy of shots matters.

The victim emptied the gun, but did not hit enough vital areas of the criminal.

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Response to ManiacJoe (Reply #12)

Thu Oct 25, 2012, 07:42 PM

13. You know how you get to Carnegie Hall, don't you?

 

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Response to GreenStormCloud (Original post)

Thu Oct 25, 2012, 08:07 PM

14. he was running for cover in order to take up a better tactical position from which to shoot at me

 

so I had to shoot him in the back. end of story.

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Response to GreenStormCloud (Original post)

Thu Oct 25, 2012, 08:10 PM

15. Motion to dismiss: Castle Doctrine

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Response to GreenStormCloud (Original post)

Thu Oct 25, 2012, 08:16 PM

16. does a 90yo really need to live longer? poor innocent man was only there for stuff.

and the old timer decided he should be shot...hateful rude baser gunner.

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Response to ileus (Reply #16)

Fri Oct 26, 2012, 09:37 AM

21. This here old timer...

...you talkin' 'bout shoulda just had a can a beans handy. That woulda avoided the whole mess.

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