The 90-Year-Old Marine Who Defended His Home – And Was Sued for It
When 90-year-old Marine veteran Jay Leone heard a noise in his home, he had no idea his life was about to change. Moments later, an armed intruder burst in, leading to a violent exchange of gunfire that left both men wounded.
Most would assume that the story ended there, with the criminal facing justice. But in a shocking twist, the burglar sued Leone—claiming the homeowner violated his rights by shooting him.
This case sparked national debate about self-defense laws, criminal rights, and legal loopholes that can leave victims vulnerable to lawsuits.
The Home Invasion
It was a quiet morning in Greenbrae, California, when 31-year-old Samuel Cutrufelli forced his way into Jay Leone’s home. Armed with a gun, Cutrufelli demanded valuables and forced Leone into the bathroom at gunpoint.
But Leone, a WWII veteran and lifelong Marine, wasn’t about to give up without a fight.
Thinking quickly, he told the intruder he needed to use the restroom. In reality, he was reaching for something else—his own revolver, hidden near the toilet.
The Fight for Survival
Emerging from the bathroom, Leone immediately fired at Cutrufelli, hitting him in the stomach.
The burglar, despite being wounded, shot back—hitting Leone in the jaw.
Both men were now injured, but Leone refused to surrender. He reloaded and fired again, hitting Cutrufelli multiple times.
Realizing he was losing, Cutrufelli stumbled outside, trying to flee in his car. But he didn’t make it far—he crashed a few blocks away and was soon arrested by police.
The Shocking Lawsuit
Most people would assume the story ended there, with Leone hailed as a hero for defending his home. But Cutrufelli had other plans.
While awaiting trial for attempted murder, Cutrufelli filed a lawsuit against Leone for negligence.
His claim?
- Leone had “created a dangerous environment” by shooting at him.
- The intruder suffered “emotional and physical distress” as a result.
Yes, you read that correctly—the burglar who broke in, held a gun to Leone’s head, and shot him in the face actually claimed to be the victim.
The Outcome
Thankfully, the lawsuit was quickly thrown out. Cutrufelli was sentenced to 86 years in prison for attempted murder, burglary, and firearm charges.
But the fact that the lawsuit was even filed raises serious concerns about legal loopholes that allow criminals to sue their victims.
This case left many wondering:
- Should criminals have the right to sue homeowners after a break-in?
- How can homeowners protect themselves from similar lawsuits?
The Legal Risk: Could This Happen to You?
As shocking as this case was, it’s not the only time a criminal has sued a homeowner for self-defense.
In today’s legal system, it’s possible to be dragged into a costly lawsuit—even if you were completely justified in defending yourself.
Even if a lawsuit is dismissed, the legal fees, stress, and time spent in court can be overwhelming.
So how can you protect yourself?
How Umbrella Insurance Can Protect Homeowners from Lawsuits
One of the best ways to safeguard yourself from unexpected lawsuits like this is umbrella insurance.
What Is Umbrella Insurance?
Umbrella insurance provides additional liability coverage beyond your standard homeowners or auto policy.
It acts as a financial safety net in situations where:
- Someone sues you for injuries on your property.
- You need to cover legal fees for a lawsuit, even if it’s baseless.
- Your existing insurance coverage isn’t enough to cover a large claim.
Why Umbrella Insurance is a Smart Investment
1. Covers Legal Costs and Settlements
Even if a lawsuit is frivolous or dismissed, legal defense costs can add up quickly. Umbrella insurance ensures you don’t have to pay out of pocket.
2. Protects Against Unfair Liability Claims
As Jay Leone’s case shows, even when you’re the victim, you can still be sued. Umbrella insurance provides peace of mind by covering unexpected lawsuits.
3. Affordable Protection
A $1 million umbrella policy typically costs between $150 and $383 per year, making it an affordable way to protect your assets.
Final Thoughts: Don’t Leave Yourself Exposed
Jay Leone’s story is a powerful reminder that even when you do everything right, you can still be sued.
While his lawsuit was dismissed, many homeowners aren’t as lucky. Legal battles can drain your savings and put your assets at risk.
How to Protect Yourself:
✅ Consider umbrella insurance to cover legal costs in unexpected situations.
✅ Review your homeowners insurance policy to ensure you have adequate liability protection.
✅ Stay informed about self-defense laws in your state.
At Trailstone Insurance Group, we help homeowners find the best insurance coverage to protect what matters most.
Don’t wait until it’s too late—contact us today to learn more about umbrella insurance and how it can safeguard your future.
Stay informed, stay prepared, and stay safe.