A 90-year-old California man testified in a Marin County court this week about his harrowing shootout with a burglar during a home invasion.
Despite taking a round to his face, Jay Leone came out guns blazing and foiled the robbery of his home.
Leone testified that he didn’t even know he had been shot at first, despite the near-lethal bullet wound to his face.
“To tell you the truth, I never felt a thing,” he said.
Leone stated that after he was shot himself, he hit his attacker with three rounds, before the two of them ended up wrestling on the floor. Leone said at one point his alleged attacker, 30-year-old Joseph Cutrufelli, grabbed his gun away, put it to the elderly man’s head and pulled the trigger — but it was out of bullets.
After hearing the click of an empty gun, Cutrufelli ran away, but called the police due to his own wounds, as per Leone’s account.
Gunfire wasn’t the only thing Leone said he exchanged with alleged burglar Cutrufelli. He had some choice words for to share as well: “I said, ‘F—- you, you son of a b—-, now it’s my turn.”
KCBS-TV has more background on the case here:
This week’s court proceedings, according to the Daily Mail, are meant to allow a judge to:
“decide if Cutrufelli should go on trial for attempted murder, burglary, robbery and firearms offenses by a felon.His lawyer has asked for the charges to be dismissed saying Cutrufelli was denied access to a lawyer in hospital and the crime scene was contaminated.”
Mr. Leone’s gunshot wound was still covered in court with a bandage in the area of his face where the bullet struck. It entered his jaw and exited his neck without causing a fatal wound.
Leone has held up surprisingly well after the traumatic, near-death experience, though during his hospital recovery he contracted pneumonia and was fitted with a breathing tube. After nine days in the hospital, he was released.
Leone is a former member of the Marin County’s Sheriff’s Air Patrol. He keeps five guns in his home, and was able to get to one by disappearing into his bathroom during the home invasion.
And once Leone got his hands on his own firearm, he made the decision to stand and fight.























































































































Comments (164)
Dismayed Veteran
Feb. 21, 2012 at 5:04pmLeone means lion. This man is a Lion In Winter. Mr. Leone job well done.
This was a gun fight not range shooting. Mr. Leone hit his target twice and emptied his gun. Neither hit was a killing hit. This means he shot a minimum of 5 rounds to a maximum of 14-17. Keep this in mind if it this happens to you.
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Dismayed Veteran
Feb. 21, 2012 at 5:06pmMy mistake 3 rounds hit not 2.
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WeDontNeedNoSteenkinBadges11
Feb. 21, 2012 at 8:30pm“And once Leone got his hands on his own firearm, he made the decision to stand and fight.”
Bravo, sir! Now, we’ve got some work for you in New Hampshire …
http://www.theblaze.com/stories/nh-homeowner-arrested-for-firing-warning-shot-during-burglary/
… bring guns … lots of guns.
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INOGAWD
Feb. 21, 2012 at 8:43pmIf Mr. Leone lived in Illinois, DC or New York he would be a “DEAD MAN”..
Because of Liberals………
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INOGAWD
Feb. 21, 2012 at 9:08pmKudos, Mr. Leone..They say, the crime scene was contaminated…
Should be enough DNA (blood) on the floor to CONVICT this
POS, HUH ??? Thanks for taking one more off the street !!
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Dan_o
Feb. 21, 2012 at 9:59pmDon’t you mean a max of 10 rounds? It is Cali, right? ;)
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Uranium Wedge
Feb. 21, 2012 at 10:48pmKnowing how jurors in CA vote, Mr. Cutrufelli will go free.
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candcantiques
Feb. 22, 2012 at 4:50amOH! This guy was a former police officer so it was OK however the guy in New Hampshire who was never a police officer, that was only looking to protect the neighborhood, gets thrown in jail and might possibly do 3 YEARS in jail. My opinion, if your gonna pay , pay for a reason. SHOOT THE BASTARD. If the man in New Hampshire goes to jail the people of that state do NOT deserve the rights guaranteed by the Declaration or the Constitution. Lay down and become the slaves that you are. The arrest of this man is unconcionable and the people of New Hampshire CAN stop it but WILL they.
NOBODY better enter my home. YOU WILL DIE. Screw the law. You enter my home without my permission YOU DIE.
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000degrees
Feb. 22, 2012 at 8:20amMr. Leone, a true American. Well done although I might consider a larger caliber next time so your life does not hang in the balance during the wrestling match
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AZRACISTBIGOT
Feb. 22, 2012 at 10:58amMr. Leone, Cudos my friend, Well done indeed.
You have my hopes and prayers for a speedy recovery.
Now go and buy some hollow points
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magadog
Feb. 22, 2012 at 11:01amHooorah Mr. Leone! Well done!
Next time center mass with, as per 000DEGREES, larger caliber…”blow his spine in the pine”!
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teamarcheson
Feb. 22, 2012 at 11:28amHE IS A LAW ENFORCEMENT ELITE, THAT IS WHY HE IS ALIVE
Most Americans live in venues were hand gun ownership is a crime. Many Americans try using toy guns to trick criminals into staying away but then the government makes it illegal to own toy guns. Since the home invader was only wonded, the homeowner will not faced law suites that judges will rule in favor of the invader.
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KickinBack
Feb. 22, 2012 at 2:39pmGotta respect a man who keeps a gun in his bathroom. Here’s to a speedy recovery!
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Bluebonnet
Feb. 22, 2012 at 6:11pmYea! Love to hear a good story. I’d have done the same thing, but wouldn’t have given the thug the
chance to shoot me. When you’re threatened, shoot to put the thug down, don’t risk saving his life, because what he’s doing makes his life a pathetic piece of trash, not worth saving.
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JeffScism
Feb. 23, 2012 at 7:38pmYes But this was AFTER being shot in the face. Adrenaline is a nasty experience when you are about to shoot someone. Been There and done that. Hard to shoot straight when your hand is shaking.
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blkbelt7
Feb. 21, 2012 at 4:58pmthis guy needs better gun control…the guy he shot lived…gun control teaches tighter grouping and center mass…but, well done sir….
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Snowleopard {gallery of cat folks}
Feb. 21, 2012 at 5:03pmFor 90 years old AND shot in the head, it sounds like he did pretty fine already.
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db321
Feb. 21, 2012 at 5:09pmSSSSSHHH! Just don’t tell everyone we have 5 Gun hidden in our Homes. You’ll never know were you’ll be in the House when you need a one.
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mattmo79
Feb. 21, 2012 at 5:14pmGood for him, too bad he didn’t kill the jerk. Now he’ll get off because the “crime seen was contaminated”!! What a joke!!
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cemerius
Feb. 21, 2012 at 5:34pmMust have used a pistol that DID NOT start with a “4″……three rounds of .45 would have had this perp in the down stairs…….
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chips1
Feb. 21, 2012 at 6:48pmI’ve been shot and in firefights. Your scared to death. If 1 of 6 rounds hits the target, your good. I don’t wish it on anyone. More power to the next person that wants to protect their family or property.
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Buggs
Feb. 21, 2012 at 8:20pmSounds like he was shooting with a 22
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INOGAWD
Feb. 21, 2012 at 8:57pmCome and pay Me and my .44 a visit, promise he wouldn’t
be going to the Hospital or needing a Lawyer either….
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I support God's Israel!
Feb. 21, 2012 at 9:12pmWhen I shoot anyone who breaks into my home, I WILL SHOOT TO KILL, after identifying the perp. I really don’t want the taxpayers to suffer anymore………IF YOU WANT WAR, MR. BURGLAR, THEN YOU WILL GET WAR and DEATH.
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the_truth_or_not
Feb. 21, 2012 at 10:15pmThank you SNOW_LEOPARD. I wont post my age but I will say I am less then half his age. I have a tight grouping and can hit a target at a decent range. Now at point blank, at his age, in the midst of a gun fight, I say he did an awesome job. After all, I never had to shoot while being shot at, nor had I had to shoot to save my life. There are a lot more that goes into protecting yourself with a gun the point and shoot.
With that being said, I want to thank GOD that Leone was the Victor. I hope that he gets over his Pneumonia. This man is truly a Hero. GOD Bless you Leone and I wish you a speedy recovery!
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TheRevering1
Feb. 22, 2012 at 2:33pmPlease!!
Let’s see you at 90 yrs old and shot in the face, do an amazing grouping!!
LMAO!
I love the armchair commando’s.
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themanchildmustgo
Feb. 21, 2012 at 4:57pmThis is almost beautiful. What would have made it beautiful is if the burglar had received 3 rounds in the head. Thanks for trying and you can move right next door to me anytime Mr.
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valarie
Feb. 21, 2012 at 10:53pmDitto that! What a MAN!
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Wayne
Feb. 22, 2012 at 8:09amI agree. this old man is from the old school.
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HairRazor
Feb. 21, 2012 at 4:55pmthe punk got popped.. Mr Leone, you did good (get some hollow points so the scuffle won’t be so intense..if there’s a next time). I hope you recover and don’t go to jail for defending yourself. We should all be prepared. It’s very likely going to get worse
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JeffScism
Feb. 23, 2012 at 7:45pmThe Hollow points are restricted here. I bought the last box on the shelf in 1990, Hydrashoks.
California controls legal gun owners by limiting the ammo.
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jakartaman
Feb. 21, 2012 at 4:54pmLeone,
larger caliber handgun – those 38′s are no good!
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blkbelt7
Feb. 21, 2012 at 4:54pmhe needs to learn more gun control…3 shots and the guy is still alive…better gun control is tighter placement center mass…
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Latter-Day-Soldier
Feb. 21, 2012 at 8:12pmFor a 90 year old, that’s not too shabby, he looks better than most people 20 years younger than himself.
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skippy6
Feb. 21, 2012 at 4:54pmAnd who pays for the defense of this crackhead cutrufelli not to mention the hospital bills…
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the_truth_or_not
Feb. 21, 2012 at 10:24pmWell of course we do as tax payers. Thank-you commo, hippie, liberals!
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Hugh Williams
Feb. 21, 2012 at 4:53pmWell done sir! It is nice to know there is at least 1 real man in California.
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CATSUEY
Feb. 21, 2012 at 4:53pmSpeedy recovery Mr. Leone! Time to turn the tables on the thugs.
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SpankDaMonkey
Feb. 21, 2012 at 4:52pm.
Somebody Pin a Medal on that man……….
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Jenny Lind
Feb. 21, 2012 at 7:24pmYes, he surely deserves one. Gutty old guy, do not count us seasoned citizens out when it comes to standing.
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ImJusSayin
Feb. 22, 2012 at 11:02amAmen!
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blanco5
Feb. 21, 2012 at 4:50pmUh-oh….this happened in kalifornia? That means this poor man is going to be in trouble for defending himself!
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Walkabout
Feb. 21, 2012 at 5:48pm“His lawyer has asked for the charges to be dismissed saying Cutrufelli was denied access to a lawyer in hospital and the crime scene was contaminated.”
If this was a civilized country the Cutrufelli’s lawyer would be on trial too.
The lawyers client is not the perp? Some other person got shot by Leone & Cutrufelli just happened to be in the vicinity with a a couple gunshot wounds & the police rounded him up by mistake?
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TSUNAMI-22
Feb. 21, 2012 at 7:26pmAs told to me by the Sacramento County Sheriff:
Only need to say 3 things after KILLING the assailant -
1) I felt my life was in danger
2) Let the evidence speak for itself
3) I want to talk to a lawyer
…..SAY NOTHING MORE.
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SoupSandwich
Feb. 21, 2012 at 7:43pmListen to Tsunami-
Be polite, let them know your felt your life was in danger, request rep/lawyeer asap, and SAY NOTHING.
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decendentof56
Feb. 21, 2012 at 8:25pmTsunami is absolutely correct!
Say NOTHING but “I felt my life was in danger.” If law enforcement starts asking questions, say “thats all I’ll say” and tell them you’ll have a lawyer do the talking. Some will wilt under pressure/nerves and start talking to officers. Bad thing!
Nonsense is what you get when you have lawyer-politicians. They write the laws no one can understand, then eventually go back to private practice and make a damn good living from those laws.
I have been around guns my entire life and while I’m not afraid to use one, I still just joined a local sportsmans’ club to become more familiar with different guns. My wife will take a class, as she needs to be sure of how to operate her handgun -without thinking about it- in an emergency.
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Bill Rowland
Feb. 22, 2012 at 3:22pmFancy Nancy “the Queen of Botox” Pelosi, Maxine Waters, Barbara Boxer and Governor Moonbeam will want chages brought against Mr. Leoni for assaulting the poor burgler who was just trying to support his crack habit.
OMG
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Hickory
Feb. 21, 2012 at 4:50pmHere is some words for the wise young’ns: If you want to pick a fight, pick it with a young man because he may whip your @$$. If you pick it with an old guy……….. he will kill you.
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JeffScism
Feb. 23, 2012 at 7:47pmYouth and cunning is trumped by experience and treachery.
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bertr
Feb. 21, 2012 at 4:49pmI it still actually legal to defend yourself in your own house in California ?
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SuttonShimai
Feb. 21, 2012 at 6:19pmThere have been several stories in the past couple of months of people in California defending themselves with a gun in their own home. Buying a gun in some states may be difficult, but if you can buy it and get it home, you can use it within the walls of your own home to defend yourself.
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Big Book Harry
Feb. 22, 2012 at 3:29amAnyone unlawfully in your home is target pratice.
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ImA0
Feb. 21, 2012 at 4:48pmWho care’s, he is old so could fight back without caring about dying, the rest of us young have to live to collect our Government checks!
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SingerGuy
Feb. 21, 2012 at 4:48pmThis story has a sad ending because the bad guy made it out alive. Other than that, well done Mr. Leone!
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Smokey_Bojangles
Feb. 21, 2012 at 4:47pmIt being Commiefornia, Leone is lucky he is not in jail as well.
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missaudrey
Feb. 21, 2012 at 4:46pmAnd Cutrufelli’s lawyer says the “crime scene is contamined” and charges should be dismissed?! Just WHO is the criminal here? Cutrufelli or the lawyer????!!!!
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amdoktor
Feb. 21, 2012 at 5:17pmIf he is a felon, all that is needed is fingerprints on a weapon for guilt. These lawyers all lie ,cheat, and make up stories and steer away from the truth. Oh, Guess what. Most of the Congressmen, Presidents,
and Judges were lawyers ! Interesting. Maybe we need more Doctors, Plumbers, Veterans, or Homemakers in Washington.
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netmail
Feb. 21, 2012 at 4:46pm“It’s MY turn.” I love that!! Heal up fast and get back in the saddle sir!! We need you on the front lines!!
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vaman
Feb. 21, 2012 at 4:45pmGood job! Shot the guy 3 times. Well done!
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mapgirl10
Feb. 21, 2012 at 4:43pmGood for him! These punks think the world is their oyster and they can do what they want! Hang-em high!
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Whitey4West
Feb. 21, 2012 at 4:42pmGood job Mr. Leone…too bad one of your bullets couldn’t find his forehead!!
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Exrepublisheep
Feb. 21, 2012 at 4:42pmI hope I look that good when I’m 90. Well done Sir!
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ThePostman
Feb. 21, 2012 at 4:42pmHurray for Leon! More Americans should act the same way!
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CMDR6
Feb. 21, 2012 at 4:41pmStand and fight…..Stand and fight…..I hope we have enough people to stand and fight in the coming months ahead.
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tblrk2006
Feb. 21, 2012 at 4:39pmWell done. Hope you recover nicely.
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jnobfan
Feb. 21, 2012 at 4:51pmI’m surprised that in California the old guy wasn’t charged with something?
Can’t have a story like this in California where the guy defends himself with gun!!
The other guy (can’t say bad guy) was probably claiming his right to an old Indian burial ground or followed the endangered German cockroach into the guys house and forgot about his own gun because he just scored some really good medical weed.
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