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

[GreenStormCloud]

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.

[still_one]

1. This will also get thrown out

[SleeplessinSoCal]

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

[gejohnston]

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

[rDigital]

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.

[SleeplessinSoCal]

10. Guess I'm moving back to NYC.

[gejohnston]

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.

[CokeMachine]

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.

[SleeplessinSoCal]

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

[CokeMachine]

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!

[hrmjustin]

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

[Scuba]

5. His lawyer should be disbarred.

[oneshooter]

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

[Scuba]

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

[oneshooter]

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

[holdencaufield]

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

... DOUBLE-TAP, people!

This is no time to be stingy with your bullets.

[ManiacJoe]

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.

[holdencaufield]

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

[trouble.smith]

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.

[no_hypocrisy]

15. Motion to dismiss: Castle Doctrine

[ileus]

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.

[discntnt_irny_srcsm]

21. This here old timer...

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