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.