England? No. Canada? No. Welcome to California! Marin Independent Journal: Greenbrae shooting defendant sues 90-year-old man who was shot A 90-year-old Greenbrae man who was shot in the head during an alleged burglary has been sued by the alleged burglar. Samuel Cutrufelli, who was also shot during the incident, claims Jay Leone "negligently shot" him during the confrontation inside Leone's home. Cutrufelli, 31, claims Leone caused him "great bodily injury, and other financial damage, including loss of Mr. Cutrufelli's home, and also the dissolution of Mr. Cutrufelli's marriage." Cutrufelli shot Leone once in the face during the alleged burglary, and Leone returned fire, hitting Cutrufelli several times. Both men were hospitalized for an extended period after the gun battle. Cutrufelli, whose charges include two counts of attempted murder against Leone, is near the end of his criminal trial. The negligence lawsuit was filed on his behalf by his father and his criminal defense attorney.