CA: Burglary suspect sues homeowner who defended himself

[seamusTX]

In Greenbrae, California (Marin County), in January, a burglary suspect allegedly broke into the home of a 90-year-old man, tied him up, and started ransacking the house.

The homeowner freed himself and retrieved a handgun. The suspect allegedly shot the homeowner in the jaw. The homeowner shot the suspect twice, after which the suspect fled and was arrested.

Now the jailed suspect, whose trial has not concluded, has filed a lawsuit against the homeowner.

The case was actually filed by the defendant's attorney with the defendant's father as a plaintiff.

http://www.insidebayarea.com/news/ci_21 ... 0-year-old" onclick="window.open(this.href);return false;

I don't think this will fly even in California. Aren't lawyers prohibited by so-called legal ethics from filing meritless lawsuits?

- Jim

[recaffeination]

I think the homeowner is presumed guilty in Californa if they discriminate against an undocumented visitor to their home.

[chasfm11]

Cutrufelli could face life in prison if convicted of the charges. His lawyer, Sanford Troy, said Cutrufelli is a methamphetamine user, that the incident was a drug deal gone sideways, and that Leone shot him in the back when he was trying to flee.

Say what? A 90 year old drug dealer? And the story is told by a self-confessed meth user?

Oh, wait. I forgot. CA is like the UK. Never ever, under any circumstances can a homeowner do anything to protect himself against a criminal. It shows a willingness to think and act for one's self, even at 90 years old. The People's Republic of Kalifornia will have no part of that "stinkin' thinkin'"

[seamusTX]

California has had a castle doctrine legal protection for residents for years. It was called the "make my day" law when it was passed.

It is California Penal Code Section 198.5:

Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence...

Thinking is wonderful. So is knowledge.

- Jim

[Jumping Frog]

Thank God for the law here in Texas!

I don't really consider California to be part of the United States anymore. I kind of view this story as interesting, the way I would regard a self-defense story coming out of Little Britain.

[anygunanywhere]

Umm....it is Marin County, after all. Just north of San Francisco. The Golden Gate Bridge connects Marin County with San Francisco. One should not be surprised at what comes out of California. Even state constitutional amendments passed in accordance with the constitution are ignored. Wait - our own fed.gov does that too.

Anygunaywhere

[Robert*PPS]

Thank God for the law here in Texas!

I don't really consider California to be part of the United States anymore. I kind of view this story as interesting, the way I would regard a self-defense story coming out of Little Britain.

[BigGuy]

Thank God for the law here in Texas!

I don't really consider California to be part of the United States anymore. I kind of view this story as interesting, the way I would regard a self-defense story coming out of Little Britain.

I believe it was Tom Wolf who said, his novel The Right Stuff, that most military people don't think of New York as part of the United States.

[Oldgringo]

What's the big deal? It's Kalifornia, for Dog's sake.

[Ameer]

an undocumented visitor

[JeffInDFW]

He broke into my house. He tied me up. He ransacked my house. He shot me in the face. FINALLY, I shot at him.

Now, you are going to sue ME for "reckless use of a firearm" and the damages are for your pain and suffering and the fact your wife divorced you?

Question: Why would any lawyer be willing to file something like this? Why does he not face some kind of sanction? I understand the criminal is scum, and anyone who would raise a son to be this big of a loser would also likely be an idiot, but their lawyer has no excuse.

[The Annoyed Man]

And it is stuff exactly like this, folks, that made moving to Texas the only acceptable alternative for me.

[seamusTX]

The lawyer who filed this lawsuit now is whining because countless people are calling him a jerk online.
http://www.marinij.com/rosskentfieldgre ... e-shooting" onclick="window.open(this.href);return false;

I honestly can't understand how this guy passed the bar exam. He does not seem to understand the difference between public criticism and testimony in court.

Dude, if you do something reprehensible, people are going to call you what you are, and some aren't going to be polite.

- Jim

[Jumping Frog]

The lawyer who filed this lawsuit now is whining because countless people are calling him a jerk online.
http://www.marinij.com/rosskentfieldgre ... e-shooting" onclick="window.open(this.href);return false;

He'll probably sue them for calling him a jerk, and then sue the websites for allowing the postings.

"It's a substantial case," Troy, a former prosecutor and public defender, said of the civil lawsuit. "It's definitely a six-figure case. It may be a seven-figure case."

Troy said he claimed negligence, not the more severe allegation of an "intentional act," because it is not his desire to exceed Leone's homeowner insurance policy.

"I'm after justice, that's all," said Troy, who is based in Sonoma County. "I don't want Mr. Leone to be in a position where he loses his house. I'm seeking justice, not an injustice."

It also irritates me the people who think that getting a large payout from the insurance company is somehow OK because they are just the evil corporation. It hurts all of us when insurance companies are saddled with nuisance lawsuits and claims. It simply raises everyone's insurance cost.

I need to say it again for emphasis -- it really, really, irritates me. If I was speaking in a different venue, I would even be tempted to include some profanity.

[WildBill]

The attorney, Sanford S. Troy, has an interesting resume on facebook.

About: Sanford S. Troy has a lifetime of experience as a former prosecutor, public defender, bestselling author, talent manager and music & film production guru.

Mission: Unflinching and aggressive advocacy for the rights of individuals, artists and small businesses throughout California.

Description: The Law Office of Sanford S. Troy & Associates specializes in Criminal Defense, Personal Injury, Wrongful Death and Entertainment Law throughout the great state of California.

Clients include: Stanley Mouse, David Nelson, Caroline Garcia, Tiff Garcia, Tom Constanten, and more.

Prominent cases include wins against Disney and Pixar Studios.

Products Published Books Include:
Captain Trips: A Biography of Jerry Garcia (1995)

One More Saturday Night: Reflections with the Grateful Dead, Dead Family and Dead Heads (1992)