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Old November 6, 2012, 09:28 PM   #28
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Join Date: February 1, 2011
Posts: 348
"However, Cutrufelli could still probably amend his civil complaint to allege that Mr. Leone's conduct resulting in Cutrufelli being shot was willful or wanton. I doubt that Cutrufelli could get anywhere with that, but it might take some discovery and a summary judgment motion for Leone to finally dispose of the civil suit."

Two problems. First, Cutrufelli cannot contest his felony conviction. This weill establish that he unlawfully fired a handgun at the homeowner. Second, California law provides a presumption that an intruder intends to do serious bodily harm, therefore authorizing the use of deadly force--i.e., an intentional shooting is perfectly lawful. With the conviction establishing an entry into real property for the purpose of doing harm, defendant has a complete defense to the claim. I suspect that the lawsuit was filed as a ploy to support Curufelli's defense to the criminal chrarges, and that it will not be further pursued.
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