A 90-year-old man in California is being sued by the meth addict who broke into his home, tied him up, shot him, and held a gun to his head. The homeowner is being sued because in the middle of all that, he managed to get loose, get a gun, and when his attacker shot at him, he shot back. Both were hit, and in the ensuing physical struggle, the burglar got the homeowner’s gun away from him. He held it to the 90-year-old man’s head, and only didn’t shoot him because the gun was empty.
Now, the meth-head, burglar, attempted murderer is suing the homeowner. Apparently when a 90-year-old man defends his life, he causes “great bodily injury, and other financial damage, including loss of Mr. Cutrufelli’s home, and also the dissolution of Mr. Cutrufelli’s marriage,”.
I don’t know about y’all, but let’s say that I lose my inhibitions against using drugs, breaking into nonagenarians’ homes, tieing them up, shooting them, physically attacking them, and then holding what I believe to be a loaded gun to their heads and pulling the trigger. Hey, we all have our off days, so I’ll put this in the “Not likely, but at least remotely possible” category. So, assuming that all of my societal norms that pertain to how I treat people two to three times my age and not breaking into people’s homes and stealing their belongings were suddenly gone, would I, after sobering up and having some time chained to a hospital bed to think about it, have the chutzpah to sue the guy I tried to kill? I can say, with a small amount of pride, that after my life fell apart because of my actions and having a good think about what I did, that I would be so ashamed of myself that the thought of forcing a 90-year-old man to lawyer up would be unthinkable.
Of course, I was raised right. Well, at least the attempt was made. Let’s be honest here: If I was to ever even consider doing what this schlemeel did, my grandmother would rise from her grave, hunt me down, and beat me within an inch of my life. Exactly how screwed up do you have to be, both as the guy who did it and as the lawyer who filed the papers, to sue the guy who shot you back in his own home?
I’ve heard it from multiple sources, and this case should make it stick: Get a lawyer who knows gun laws today. You also ought to consider getting insurance against criminal and civil litigation for a defensive gun use too, because I’d be willing to bet that your homeowner’s insurance doesn’t cover harm you did to someone willingly, whether or not that harm was done to defend you and yours. Right now is the time to think about all these things, not when you’re either in jail or the hospital because some goblin decided that what is yours should be his. Now is also the time to get laws passed that protect us from civil and criminal litigation for justifiably using violence to defend our lives and property, but that is something that you can’t do for yourself today.
I wish Mr. Leone luck and success in his countersuit. This one seems like a slam dunk, but you never know. The lesson I get from this is to sue the goblin before he can sue you.
Update – I have messages in with the NRA and SAF to see if they maintain any kind of database on 2A-friendly lawyers. I’ll post any information I can find.
Also, it looks like The Scratching Post beat me to the punch on this one.
DaddyBear’s Den 
derfreiheit
/ October 25, 2012“Get a lawyer who knows gun laws today. ” – OK, how?
Do I just pick one outta the phone book? I searched lawyers.com last week for “General Counsel” and found a lot of divorce and bankruptcy lawyers.
I asked a friend who is in his 3rd year of law school how I find an attorney or for a recommendation, he couldn’t really steer me in the right path.
Ar15.com’s Kentucky forum is also a dead end.
This seems like something that the NRA can/should do for its members. Do they?
Everyone says to lawyer up and be prepared, but no one says how to successfully find and build a professional relationship with a lawyer.
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daddybear71
/ October 25, 2012That’s an excellent question. I guess a personal liability lawyer would be a good start. Honestly, that’s what I have. Let me do some checking around to see if there are any on-line resources.
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Old NFO
/ October 25, 2012It’s Kalifornia, it’s ‘liable’ to be a toss up… sigh…
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daddybear71
/ October 25, 2012And now we know why DaddyBear never went back.
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Richard
/ October 25, 2012I would think that his homeonwer’s insurance might very well defend him in this claim. Most of the newer policy’s form still exclude intentional injuries but not if the injuries were the result of the homeowner defending a person or their property. It probably doesn’t hurt to have another lawyer on hand for advice if you can afford it.
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daddybear71
/ October 25, 2012Thanks Richard. I wasn’t aware that insurance companies were doing that. I’ll have to take a closer look at my own policy.
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Stephen
/ October 25, 2012I say it until I’m blue in the face – this is not the same country in which I was born. What a shame the butthole didn’t die on the spot.
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daddybear71
/ October 25, 2012You and me both.
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Richard
/ October 25, 2012No problem. I work in commercial insurance and had a few self defense cases. I believe that around 2000 some of the policy language began to change in the industry. I would check your policy and if you trust your agent ask him if he is aware of how your company handles these types of claims. I think regardless they would be obligated to hire an attorney for you.
Totally off topic but courts in some jurisdictions have a very narrow meaning of intent when reviewing the insurance policy. Two cases that come to mind is the drunk that attacked someone with a baseball bat after a MVA and a woman who shot her husband’s lover after catching them together in at work one day. One court that someone that is drink can’t mentally form intent and even though the woman pled guilty to assault with a deadly weapon after shooting the lover in the neck at 25 yards they allowed her to argue that she thought the gun was pointed at her feet when she fired.
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derfreiheit
/ October 26, 2012No matter what your insurance agent says, I still think its critical to get your own lawyer. I have a very good relationship with my insurance agent, but if the shit has hit the fans this badly I still want a lawyer on *my* side not one working for the insurance company.
I’ll use the insurance company when my tree falls into my neighbors kitchen. I want more support if/when I have to send rounds downrange.
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Jake
/ October 26, 2012I don’t know about the NRA, but the US Concealed Carry Association (USCCA) maintains a list of gun-friendly attorneys for their members, as well as insurance to cover your legal expenses if you’re involved in a defensive shooting.
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