90-Year-Old Victim Alive and Well, Thanks to Firearm
When Samuel Joseph Cutrufelli kicked down Jay Leone’s door Wednesday, Leone was in trouble. In a CBS interview, Leone said he was held at gunpoint while the burglar ransacked his house, until he convinced Cutrufelli he needed to use the bathroom. Once there, he retrieved a .357 revolver “ran back and pointed it at the burglar.”
Leone said Cutrufelli shot him first. Here’s his narrative:
“After he shot me, I looked him straight in the eye,” said Leone. “He says, ‘Don’t kill me. Don’t kill me… I’ve got a daughter!’ I said, ‘f- you … pow, pow, pow, pow!’”
Cutrufelli was shot three times, but escaped in his car until he bled out too much, at which point he called emergency services and said he shot himself. Police determined the truth, and arrested him “on suspicion of burglary and attempted murder.”
Cutrufelli was convicted of attempted murder in 2001, when he attacked somebody “who complained about nearly being hit.”
Authorities said Cutrufelli, who had been drinking at a downtown bar, got out of the car, smashed a bottle over the 22-year-old victim’s head, and used a folding knife to stab him four times and cut tendons in his right hand. Cutrufelli left the victim in the street to crawl away for help.
Leone hasn’t been charged–yet.
In his book After You Shoot, Alan Korwin notes that about 50% of all convictions in what began as self-defense rely on 911 recordings. Korwin warns:
“Keep in mind that reporters, as observed in the overwhelming majority of their published work, hate guns, hate gun owners, don’t hold much stock in self defense and do not support keeping and bearing arms…”
Leone has now publicly testified that after retreating, he advanced from a possible safe place and purposefully engaged Cutrufelli. Next, after being shot, Leone took time to verbally notify Cutrufelli he was about to return fire, in a manner that could be taken as revenge for being shot. In the hands of a crafty prosecutor, this could show intent, converting Leone from victim to attacker.
Marin County, California is a hotbed of gun control radicalism. If the District Attorney thinks he’ll earn votes for convicting a vigilante, Leone’s ordeal may just be starting.
To paraphrase Korwin: After you shoot, call your attorney and avoid the media. The Miranda Warning says: “Anything you say or do can and will be held against you in a court of law.”
I said, ‘f- you … pow, pow, pow, pow!’”
More Bruce Willis than Clint Eastwood, but it works.
Too bad he’s in California. He’ll probably spend what’s left of a long and healthy life on trial. In Wyoming he’d just be a citizen protecting himself.
I’ve been legally advised to make sure there is only one side to the story.
In Kentucky the trespasser is the attacker and the property owner on his own property is considered the victim. No matter what pleasantries are exchanged the homeowner must only be scared for their life to use deadly force.
That’s it, scared for your life.
BTW –the potty gun is a natural for seniors that don’t appreciate interruptions…
When in this situation, Rule 1 is to Shut Up. Don’t even talk to yourself out loud when you think you are alone (Police cars around here have voice recorders specifically to capture the utterances of the suspect left alone in the back seat.)
Rule 2 is Don’t say anything until your lawyer is present.
This time I agree with you, Mr. Nemerov. California has a history of making victims out of criminals who got caught and injured during the commision of crimes. My favorite was the pursesnatcher who ran from his victim, and was seen by the passing taxi driver, who swerved and hit the guy, broke his leg. The convicted criminal successfully sued the cab driver and got damages (in five digits if memory serves correctly) because the jury decided the injury was “excessive.”
I saw a video once with a defense attorney who insisted, pretty forcefully, that no one, potential witnesses, suspects, victims, anyone, should ever talk to the police. Of course if his advice were taken, few crimes would be solved, but his point was that spontaneous admissions convict a lot of people of crimes where if they’d kept their mouths shut they’d be alright.
A society that would even contemplate the prosecution of this man shows just how far removed from the concept of justice we have strayed.
That said, he should know better than to “show off” to the media. Why would you even talk to the scoundrels?
why did he only get off 3 shots?
– this story hit too close to home…literally.
After you Shoot:
First) make sure he’s dead!
Second) if you have a bullet left, shoot it into the floor.
Third) Don’t call an attorney, and DON’T call the Police.
Third A) Call for Medical Assistance, and Be Hysterical about it, emphasise the Need for them to quit asking silly questions and Get Someone Here.
Fourth) Point out to the Police that you fired a warning shot. (no don’t explain you fired it after you shot him) they cannot determine chronology of shots regardless of what you see on CSI.
Finally) Point out to the press that once the danger passed, you were concerned for the health of another person and wanted them to get medical attention. Following all of these steps creates documentry evidence that will be very helpful when the ACLU and the Victim’s Family sue you for Wrongful Death, or Denial of his Fair Trial.
Or you could just live in a sane state, like Texas, or Alaska.
But even in the People’s Socialist Utopia of Cali, they won’t prosecute this guy. A 90-year old frail white guy? The NRA dreams of stupid anti-gun nuts trying to prosecute people like this….
Todd Broom lives in Texas!
” I said, ‘f- you … pow, pow, pow, pow!’”
I love this guy! He should have kept quiet though. A friend of mine who is a defense attorney has a bass mounted on the wall of his office. The tag reads “If I had kept my mouth shut I wouldnt be here either”.
Colorado has a “make my day” law. If someone enters your house without your consent, you can shoot him. Period, end of story. I’m glad I live in Colorado!
Don*t get fancy,leave the body on a highway!
Yes, unfortunately once you start firing you must make sure you kill the intruder. I am happy the old fellow was able to defend himself. Good for him.
I don’t know about publicly advising people to kill others. If you are ever in a self-defense situation, a crafty prosecutor could track you down by IP address and present this as evidence of intent.
Standard self-defense training is that you shoot to stop the attacker(s). If they die, so be it. The issue before the cops, prosecutor, and grand jury is whether the facts of the case align with a claim of self-defense. This implies that you were doing nothing illegal, like selling drugs or stealing whiskey from the liquor store, when somebody made a physical attack on you that presented you with the threat of grievous bodily harm or death. If those facts corroborate the claim of self-defense, then your shooting is justified. Here in Texas, all such cases go before the grand jury as a matter of course. If they rule you were justified, they no-bill you.
Any evidence that you formed malicious intent before or during the incident can go hard on you. Legal costs for your defense will quickly run into 6 figures.
Finally, the difference between good people and bad, is that good people feel bad after shooting somebody, while bad people feel good about it. The issues of potential consequences like remorse, post-traumatic stress, second guessing, shame, and public disapproval should give one pause before planning to “off” an intruder out of some misguided Dirty Harry attitude. Defend yourself without hesitation by all means, but you may benefit from preparing for the aftermath as much as you prepare for the defense via tactical training.
Under Arizona’s Castle Doctrine, anyone inside your four walls without permission forfeits his life. Warning shots are unacceptable; fire for effect. The forensic evidence will speak for itself and save your butt against criminal charges; however, you can be sure that some ambulance chaser will nail you in civil court on behalf of the next-of-kin.
In Arizona, if you win the defense, the plaintiff must pay attorney fees and lost income.
http://www.bigorb.com/orb/article/view.php?id=62&article_id=77
Many Castle Doctrine states make justifiable homicide an affirmative defense. In plain English, this means that when the judge finds out your case has already been declared justifiable homicide, he must dismiss the civil claim. Here’s Texas’ law:
“A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force, as applicable.”
http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.83.htm
I once heard of a robber trying to hold up a convenience store with a knife. The clerk pulled out a handgun and shot the thief but only wounded him. The thief then turned around and sued the clerk for unnecessary use of force because he only had a knife. The thief won the court case. There are many such cases on the books. I would imagine it probably wouldn’t have done the clerk any better to have killed the man as then the thief’s family would have sued for depriving them of their loved one. We live in interesting times.
If you defend yourself in a home invasion with a gun and kill the invader. Always state that you were attacked. If you call for help, state you were attacked. Say no more than you were attacked.
The best thing to do after you’ve shot the intruder in your home is to call the media and when they show up, shoot them too.
Tee, hee.
It would be no loss. A win-win.
Shoot your attacker until they are no longer a threat as in no longer able to attack you. Where was the gun the attacker used when Leone starting firing? If it was still in his hand, fire away. The fact that he said that the attacker begged him not to shoot makes it sound like an attempted execution. Not good.
I don’t know where the three hits were but the attacker was still able to flee and was a threat to anyone he encountered. A .357 has a fancy name but unless the bullet is heavy enough and you make good hits(I doubt the attacker was standing still)you can expect these results. Choose a caliber that starts with a 4 and weighs 180grs or better. You need deep penetration from all angles and you should aim slightly above center mass. Keep the velocity down and you’ll have better recovery for your next shot. A .45 acp is not that hard to handle and the 1911 is an excellent platform. .230 grain ball ammo should get you about 14″ of penetration which is enough to reach the vitals and the central nervous system running down the back of your attacker. Don’t fall for the high velocity bullets in a handgun. You need the velocity of a rifle to do what they claim and the only handgun that comes close is the .460 S&W and it’s not going to be easy to handle in close quarters.
Another reason for big bullets is that your attacker may be on you preventing you from firing the second shot. Even if you stop the heart a human will have about 30 seconds to do you harm before succumbing. if you reach the spine the show is over. A head shot could be considered an execution depending on the circumstances.
Not only do you not have to allow yourself to become a victim you have a responsibility to not become one.
Good points.
“The fact that he said that the attacker begged him not to shoot makes it sound like an attempted execution.”
A crafty prosecutor might say: “If you had time to talk to him, and he was begging you not to kill him, this proves you had gained control of the situation. At that point, you had stopped the attack, and had you stopped shooting, we wouldn’t be in court today. But you continued the attack instead. This shows intent, which is why we’ve charged you with attempted murder.”
Now this might not happen in Texas or other states, but we’re talking about Marin County, California, a hot-bed of anti-gun radicalism.
“A .357 has a fancy name but unless the bullet is heavy enough and you make good hits(I doubt the attacker was standing still)you can expect these results.”
Many .357s can also shoot a cheaper .38. According to this chart, a real .357 magnum bullet contain nearly double the energy of a .38. Also, did the gun contain jacketed hollow points or full metal jacket (practice ammo)? Cops carry hollow points, because they are designed to expand upon penetration of soft tissue, which also makes them stop inside the intended target. Practice ammo often exits and continues downrange, leaving less damage.
“Even if you stop the heart a human will have about 30 seconds to do you harm before succumbing.”
A healthy attacker takes time to bleed out to the point that neurological function breaks down. Just because he’s not moving doesn’t guarantee the attack is over.
Forgot citation for chart. Sorry.
http://en.wikipedia.org/wiki/Muzzle_energy
12 gauge at close range; then call professional house cleaners.
That’s what Sarah McKinley used to protect herself and her 3-month-old baby.
http://pjmedia.com/tatler/2012/01/05/young-mother-defends-self-and-baby-kills-intruder/
Don’t be sold on muzzle energy alone. You need a heavy bullet that can provide momentum for penetration. The link will provide many sources of information to support that.
all7741 gets away from handguns but, if you have the chance to choose what weapon to use a long gun is better than a hand gun. A 12 gauge fired within the distances of an average size home will most likely leave a 12 gauge hole even if you’re using #4 shot. It’s also sending a projectile weighing an ounce. That’s about a 430 gr bullet until it breaks up leaving a massive permanent wound channel. Shot placement is a little less critical. Hunters accidently shot in the leg at close range usually die from shock before they can get medical attention.
“Since the 1987 workshop, most law enforcement agencies have adopted the more deeply penetrating heavier bullets. At the 1993 symposium, trainers from five large departments (California Highway Patrol, Indianapolis PD, San Diego PD, Louisiana State Police, and Amarillo PD) reported data showing excellent performance from bullets chosen using the FBI penetration criterion. Several of these trainers had polled their counterparts in other departments and found that their highly favorable observations and impressions of the heavier bullets were widely shared.”
http://www.firearmstactical.com/wound.htm
Macko and all7741 are correct. The 45acp is the best close range pistol round and there are plenty of good pistols out there that anyone can operate. For those who are not pistol aficionados there are double action autos, I prefer the 1911.
As per all7741′s advice I keep a Win 870 with #4 buck near the bed. The 3″ remington’s have 41 – .24 cal pellets. Yikes. That is like being hit by a .25 auto forty one times instantaneously. It makes me cringe to think of it. It is my great hope that I never have to use either, but better to have them available than not.
Years ago a friend of mine who was a deputy was attacked by a knife wielding suspect who had just killed two other people. He was unaware of the two murder victims inside the house and so was caught off gaurd by the attacker in the driveway. He was stabbed once in the mouth and once in the belly. As he fell he drew his glock 9mm and emptied it at his attacker who was then stealing his patrol car. Only one bullet struck the guy, mid-thigh. The rest were stopped by the door of the car. The single hit went through blue jeans and skin and then fragmented, doing no more damage. The ‘suspect’ was able to drive 200 miles in the stolen car before the State police and Monroe police were finally able to stop him. He was using 125gr. high velocity hollow points. These days he carries a .45 auto with FMJ ball ammo.
Howard Nemerov – I was wondering whether I should the Korwin book (that was because of the so-so review of it in the USCCA magazine). Because of your citation from it, I think it might be a good idead to get. Also, I like your follow comments.
BTW – The USCCA offers an insurance policy for anyone who can legally own a gun and who uses it in self-defense, and then has to face prosecutors out to make a name for themselves. The policy covers legal costs with several levels of insurance available. I think you must be a member of USCCA to get the insurance.
A 12 gauge is a great deterrent and intruder stopper.marksmanship training and good shot placement is better than words and again being judged by 12 and carried by 6 keeps my mouth shut and my front site still as my trigger moves smoothly to the rear.semper fi.
“All I remember is being in fear for my life… the rest is sort of blurry….”
You can get further with a kind word and a gun than you can with just a kind word. “dO YOU FEEL LUCKY PUNK?”
Yeah, I like 230 gr in 45acp. It punches large diameter holes in everything.
Best advice: just shut up and speak only to your attorney. That’s what you pay him for.
I remember in basic when we were trained on the 1911 .45, that the weapon was for close quarters personnal protection. A shotgun is pretty good for whole residence protection, just the sight and sound of a shotgun should scare off anyone with functioning brain cells.
But keep a .45 in the bathroom as a backup. If you run out of bullets in the .45, you could probably beat someone pretty good with it, since its a pretty solid piece of metal, not like some of the crappy plastic stuff you see today.